Nice Classes for E-Commerce
Which trademark classes do online shops need? A practical guide.
Founder & Developer of markencheck.ai
What Is E-Commerce in Trademark Terms?
E-commerce means selling goods or services online — via your own shop, a marketplace store or a subscription model. In the Nice Classification, the act of retailing is a service: it belongs to Class 35, which covers retail and wholesale services, including online retail, mail-order services and the bringing together of goods for the benefit of others. What surprises many founders: Class 35 protects the selling, not the products themselves. The products you sell — clothing, cosmetics, electronics — sit in their own goods classes. A solid e-commerce trademark strategy therefore almost always combines the retail service class with the goods classes of your assortment.
Typical Nice Classes for E-Commerce
• Class 35 (Services): The core class for every online shop. It covers retail services (also online), wholesale services, presentation of goods on communication media for retail purposes, and advertising. Register it for the product areas you actually sell, e.g. “online retail services relating to clothing”. • Goods classes matching your assortment: If you sell under your own name or a private label, you need the class of the goods themselves. Common examples: • Class 25: Clothing, footwear, headgear. • Class 3: Cosmetics, perfumery, cleaning preparations. • Class 9: Consumer electronics, software, accessories such as headphones. • Class 14: Jewellery and watches; Class 18: Bags and leather goods; Class 20: Furniture; Class 28: Toys and games; Class 30: Coffee, tea, confectionery. • Class 39 (optional): Transport, packaging and delivery of goods — relevant if shipping, fulfilment or logistics services are part of your brand promise (e.g. your own delivery service). • Class 42 (optional): Software as a service and platform technology — only if you operate your own shop technology, app or marketplace software as an offering in its own right, not if you merely use Shopify or a standard shop system. Rule of thumb: Class 35 for the shop, plus one goods class per major product category. Pure resellers can often start with Class 35; private-label brands must include the goods classes.
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Common Mistakes and Pitfalls
• Registering only Class 35: The classic e-commerce mistake. Class 35 protects your shop as a retail service, but not your products. If you sell your own branded T-shirts without Class 25, a competitor can register an identical mark for clothing — and block your product line. • Registering only the goods classes: The mirror-image mistake. A mark in Class 25 alone protects the clothing, but not the retail platform under the same name. Shop name and product brand often need different class combinations. • Forgetting the goods class for private labels: If you manufacture or label products under your own brand, the goods class is mandatory, not optional. Retail service protection does not extend to the goods themselves. • Vague retail specifications: “Retail services” without naming the goods sectors is regularly objected to by offices. Specify the assortment: “online retail services relating to cosmetics and body care products”. • Confusing your role: Marketplace sellers, dropshippers and manufacturers need different setups. A dropshipper without own-brand products may focus on Class 35; a manufacturer selling D2C needs the goods class first. • Adding Class 42 “just in case”: Using a rented shop system is not a Class 42 service. Only include it if you provide software or platform services to others — otherwise you pay for protection you cannot defend with genuine use.
Planning Tips for Online Shops
• Start from your assortment: List your product categories, map each to its goods class, then add Class 35 for the retail service. For most shops this results in two or three classes. • Split your specifications cleanly: Formulate goods and services separately. Example for a fashion shop: • Class 25: “Clothing; footwear; headgear.” • Class 35: “Online retail services relating to clothing, footwear and headgear; advertising.” • Think one step ahead: The list of goods and services cannot be extended after filing. If you plan to add cosmetics or accessories within the next years, include those classes now or budget for a later second filing. • Use the fee structure: At the DPMA, the electronic filing fee of €290 already includes up to three classes — combining Class 35 with two goods classes usually costs no extra base fee. At the EUIPO, the online basic fee of €850 covers one class, so prioritise carefully. • Check per class: Run your availability search in exactly the classes you plan to file. A name that is free in Class 35 can be blocked in Class 25 — and vice versa.
Summary
Online shops should follow a two-layer strategy when filing trademarks: Class 35 for the retail service, plus the goods classes of the products they sell — for example Class 25 for fashion, Class 3 for cosmetics or Class 9 for electronics. Class 39 and Class 42 are add-ons for shops with own logistics or own platform technology. Avoid the two classic gaps: Class 35 without goods classes, or goods classes without Class 35. Private labels always need the goods class. You now know the relevant classes — start the trademark check for Class 35 and your product classes now.
Frequently Asked Questions
Which Nice class does an online shop need?
The core is Class 35: it covers retail and wholesale services, including online retail. In addition, you need the goods classes of the products you sell — for example Class 25 for clothing, Class 3 for cosmetics or Class 9 for electronics. Most e-commerce filings combine Class 35 with one or two goods classes.
Is Class 35 alone enough for an online shop?
Only if you exclusively resell third-party brands. Class 35 protects the retail service, not the products. As soon as you sell own-brand or private-label goods, you need the matching goods class as well — otherwise a competitor can register an identical mark for the products themselves.
Do I need a goods class for private-label products?
Yes, in every case. If products are manufactured or labelled under your brand, trademark protection for the goods runs through the goods class — Class 25 for clothing, Class 3 for cosmetics and so on. Retail service protection in Class 35 does not extend to the goods, so private labels without a goods class have a critical protection gap.
When do online shops need Class 39 or Class 42?
Class 39 covers transport, packaging and delivery of goods — relevant if you offer shipping or fulfilment as a service under your brand. Class 42 covers software as a service and platform technology — only relevant if you operate your own shop software or marketplace technology as an offering for others. Merely using a rented shop system does not require Class 42.
How much does a trademark filing for an online shop cost?
At the DPMA, the electronic filing fee is €290 and includes up to three classes — typically enough for Class 35 plus two goods classes. At the EUIPO, the online basic fee for an EU trademark is €850 for one class, with additional per-class fees for further classes. Filing is only worthwhile after an availability check in exactly those classes.
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