Do Online Stores Need Class 35?
Not every online seller needs Class 35. A product brand generally needs protection for the goods themselves. Class 35 becomes relevant when the mark also identifies a retail-store service, and that depends on the business model and how the store is presented to consumers.
What Class 35 actually covers
International Class 35 is the USPTO's classification for advertising and business services, and within that it includes retail store services and online retail store services, the service of bringing together a variety of goods, often from multiple brands or sources, so customers can conveniently view and purchase them. Class 35 is written for the business of retailing, not simply for having a website. A trademark class tells the USPTO what your mark actually covers; choosing the wrong one can mean the registration doesn't protect what you actually do, or it can draw an unnecessary refusal during examination.
The distinction that matters most is this: selling your own branded goods online is generally a product-class question, while providing an online marketplace or retail-store service that features other companies' goods is what Class 35 retail services are actually written to cover. A single-brand shop and a curated multi-vendor storefront can look nearly identical to a shopper, but they are answering different questions when it comes to classification.
Filing under the product's own class
If you manufacture or sell your own branded products, skincare, apparel, coffee, and your website is simply the channel through which you sell them, the more accurate filing is typically the class that covers the goods themselves (cosmetics in Class 3, clothing in Class 25, coffee in Class 30) rather than Class 35. A single-brand product company often prioritizes the product classes for this reason. Whether Class 35 is also appropriate depends on whether the mark separately identifies a bona fide retail-store service, not merely the products or the website used to sell them.
| Business model | Likely starting point | Why |
|---|---|---|
| Brand sells only its own skincare products | Product class(es) usually first | The mark primarily identifies the goods |
| Curated multi-brand online boutique | Class 35 may be central | The mark identifies the retail service |
| Brand sells its own products and operates a broader named retail platform | Product classes and possibly Class 35 | Separate product and retail-service functions may exist |
Marketplace sellers: Amazon, Etsy, and similar platforms
Sellers on Amazon, Etsy, and comparable marketplaces raise their own version of this question, since the platform itself already provides the retail infrastructure. In most cases, a seller offering their own branded products through a marketplace listing is still filing under the goods' own class, the same as if they sold through their own site, the marketplace is just another sales channel. Whether Class 35 becomes relevant depends on the specific business model, including whether the seller is also operating a broader storefront service beyond their own product line.
Examiner's perspective
I wouldn't decide this question from the presence of a shopping cart alone. The page has to show what the mark identifies, a product line, a retail service, or both. “Online store” sounds like it maps directly to “online retail store services,” but classification asks what the mark identifies commercially, not what sales channel you happen to use. I also regularly saw identifications that described Class 35 retail services too broadly for the actual business, listing every conceivable product category rather than the specific goods genuinely offered, which can draw its own requirement to narrow the wording during examination.Why getting the class right matters
Filing in the wrong class doesn't just risk a refusal, it can also mean paying for a registration that doesn't actually cover your real activity. If your business grows to include both your own product line and a broader storefront, you may eventually need both a product class and Class 35, filed and quoted as separate line items. Getting the classification right from the start, even if it takes a slightly more involved conversation upfront, tends to save time and money over guessing and correcting later.
Get Your Classification Reviewed
This article is general information, not legal advice; classification is fact-specific and results cannot be guaranteed. Last reviewed July 2026. Sources: USPTO, Trademark ID Manual (approved identifications of goods and services); USPTO, Trademark Manual of Examining Procedure (Class 35 retail store services).
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Describe what the business sells, whose products are offered, and what consumers understand the store name to identify, that's what a filing strategy discussion needs to start with.