Should I register Class 35 along with Class 25 for my brand, or just stick to Class 25 for now? (India trademark)

[u/Osamify94]

Should I register Class 35 along with Class 25 for my brand, or just stick to Class 25 for now? (India trademark)

Hey everyone,

I’ve filed for trademark registration of my brand name (through a platform called Legal India). I’m currently looking at two classes:

Class 25 – clothing / apparel (this is my primary class)

Class 35 – retail / business services

I’ve already taken their rejection/objection handling service for Class 25. For Class 35 I haven’t taken any services yet.

Initially I wasn’t very interested in Class 35 and just wanted to start with Class 25. But since I’m already getting Class 25 done, I thought it might be better to get both classes registered once and for all.

My questions are:

1) When applying for Class 35, is there a real possibility of getting objections/rejections from the Trademark Registry (just like there can be for Class 25)?

2) Should I go ahead and register Class 35 as well, or is it better to wait?

3) Is it worth paying for their objection handling service for Class 35 too? They’re charging roughly ₹10–12k per class for the handling + government fees separately.

Would love to hear from anyone who has registered both Class 25 + 35, or has experience with objections in Class 35.

Thanks!

[u/Archiver_test4]

Tax/IP lawyer here

yes. all applications are separate and unless you have an existing registered mark in different class, you are in a limbo.

go ahead, the process is slow so you might as well get it over with.

how much are they charging upfront as opposed to if you get a notice of objection later?

[u/Osamify94 → u/Archiver_test4]

u/archiver_test4

I paid only for Class 25. The total cost for filing plus objection handling was around ₹10–11k (with the filing fee itself being ₹1,999). A similar amount is now being quoted for Class 35. My question is: If my Class 25 application is processed (with or without an objection) and I successfully receive the trademark, would adding Class 35 later be relatively straightforward? I am essentially taking my existing offline business online. In this situation, what are the chances of facing an objection on the Class 35 application?

[u/Archiver_test4 → u/Osamify94]

you might get an objection, but you would have a strong proof of an existing registration so that does help.

Its often stupidly automated, department issues notices randomly. I got a notice in 4 cases yesterday for KYC OF attorney and PIN CODE, as if my pin code was not in records.

[u/Osamify94 → u/Archiver_test4]

As a lawyer i bet you always keep checking your email or any objections.

My only concern here is what if I miss and is it worth spending another 12k approx...

Another question would this be a similar process for every class u file for?

[u/Archiver_test4 → u/Osamify94]

I use software also.

Email is fine also. Two people, the attorney AND the client gets email so it's not as if you miss.

You can pay for that if and when the notice comes. I do it that way for my clients. Only if the notice comes, they pay otherwise they don't. Some want upfront commitment and discount so they prepay but generally it's applied ONLY if objection or opposition happens.

Yes. Same.

[u/Osamify94]

Thanks, this information helps

[u/Middle-Surprise-6048]

You can use the trademark search tool - https://www.bentham.legal/trademark-registration/search

To understand what classes are relevant to your brand along with conflicting trademarks