April 23, 2026 ©️ Copyright – Goldkeen International Property Office
Introduction
With the rapid growth of e-commerce in Taiwan, platforms such as Shopee, momo, and PChome have become key battlegrounds for brand competition.
From small online sellers to multinational brands, omnichannel operations are now the standard.
However, in practice, Goldkeen has identified a widespread misconception: many business owners believe that filing a trademark under Class 35 (retail and wholesale services) alone is sufficient for protection.
This incomplete approach often leads to serious risks. Businesses only realize the gaps when facing trademark squatting or counterfeit products under the same name. At that point, the cost of recovery—whether through litigation, licensing, or acquisition—can be extremely high.
Understanding Class 35: Services vs. Goods
Under the Taiwan Trademark Act and the Nice Classification system, Class 35 primarily protects services, including retail, wholesale, and advertising activities.
It does not protect the actual goods being sold.
For example, in the furniture industry:
- Class 35 protects the operation of furniture retail or e-commerce platforms
- Class 20 protects the furniture products themselves, such as sofas and chairs
If a business only registers its trademark in Class 35, it faces significant limitations.
Competitors may legally sell products under the same or similar name in product classes not covered by the registration.
When attempting to enforce trademark rights, the business may encounter defenses based on lack of coverage in the relevant product class, reducing the likelihood of successful enforcement.
In some cases, competitors may even register the same mark in product classes first, allowing them to:
- Assert their own trademark rights over goods
- File complaints with e-commerce platforms
- Request removal of listings based on alleged infringement
This demonstrates a key principle:
Trademark protection depends not only on registration, but on correct class selection.
Adapting to Nice Classification 2026
With the implementation of the Nice Classification (13th edition, 2026), trademark strategy requires greater precision and foresight.
Goldkeen recommends a structured approach to trademark portfolio planning.
First, businesses should secure core product classes. These represent the primary revenue-generating goods or services. For example, cosmetics typically fall under Class 3, health supplements under Class 5, and electronic accessories under Class 9.
Second, companies must include channel-related classes, particularly Class 35, which covers e-commerce and retail operations. This class is essential for entering major online platforms and physical retail channels.
Third, businesses should consider defensive filings. This involves registering trademarks in related or future categories within a three- to five-year expansion horizon. For instance, a beauty brand may later expand into devices (Class 11) or services (Class 44), and early registration helps prevent competitors from exploiting these opportunities.
Trademark Strategy Is an Investment
In the era of omnichannel marketing, the depth and breadth of trademark protection define the boundaries of brand security.
At Goldkeen, our role goes beyond filing applications. We focus on ensuring that trademarks remain effective as the business grows, reducing the need for costly corrections in the future.
A well-planned trademark portfolio is not an expense—it is a strategic investment in long-term brand stability and market competitiveness.
Conclusion
For e-commerce brands, relying solely on Class 35 is no longer sufficient.
To achieve effective protection, businesses must align their trademark strategy with both product categories and distribution channels, while anticipating future expansion.
By doing so, brands can build a stronger legal foundation and avoid unnecessary risks in an increasingly competitive digital market.
Need Help with Trademark Strategy?
Goldkeen provides:
- E-commerce trademark planning
- Multi-class filing strategy
- Trademark risk assessment and enforcement support
Contact us today to secure your brand across all channels.
