During trademark consulting and registration, many clients choose Class 35 for trading and distribution services to optimize costs; however, inaccurate identification of the required goods/services classes may limit future trademark use and enforcement.
Trademarks Registered under Class 35
According to the Nice Classification, Class 35 includes services such as advertising and marketing; business management and consultancy; product display and promotion; distribution services, commercial agency services, marketplaces, and retail service outlets. It can be seen that Class 35 covers commercial intermediary services only and does not include the goods that enterprises directly manufacture or trade.
In practice, many enterprises that directly manufacture products or outsource manufacturing under their own brands choose to register trademarks only in Class 35 for trading services in order to reduce costs. However, when the trademark certificate is actually required for business operations and/or infringement enforcement, many limitations arise, preventing the trademark from fully发挥 its exclusive protection value.
2. Common risks of registering a trademark in Class 35 without accurately identifying the nature of the goods/services to be protected
- Rejection when applying for Shopee Mall or Lazada Mall
- Failure to meet customs supervision and recordal requirements
- Difficulties in handling trademark infringement
- Having to re-register the appropriate product classes
Note: Registering a trademark in Class 35 for trading services does not automatically grant protection for the corresponding product classes.
Recommendations from Wefly
- Businesses must clearly determine whether their core activities involve services or goods.
- For manufacturers or goods traders, priority should be given to the relevant product classes under the Nice Classification.
- Class 35 should only be considered as a supplementary class if protection is also required for trading or promotional services. The goods and services designated in the trademark registration define the scope of protection, determining the rights and commercial value of the brand. Choosing the correct classes from the outset is a key factor in effectively protecting and exploiting a brand.
As a licensed Industrial Property Representative Organization and Copyright Representative Organization authorized by the Vietnam Intellectual Property Office and the Vietnam Copyright Office, Wefly possesses full qualifications and capabilities to support clients in domestic and international trademark and copyright registration, infringement handling, and intellectual property dispute resolution. Place your trust in Wefly for complete peace of mind in intellectual property protection.
