Trademark Class 35 is one of the most important categories for services related to advertising, marketing, sales, and management of business. If the services of your business fall into the category of those that promote, manage, or facilitate the sale of a good, registering your trademark under Class 35 protects your brand while ensuring legal rights over the services of your business. It enables businesses to have an exclusive right to use their trademark in the marketplace, creating and establishing brand identity and being different from competitors.
What is Trademark Class 35?
Class 35 of Trademarks falls under the Nice Classification System; it is the organization of trademarks, based on goods and services. This class deals with those services that support or facilitate the operations of businesses, especially ones dealing with advertising, marketing, retail, and business management. Trademark registration in Class 35 protects your brand since no one else can use a similar mark for the same services. Businesses that register their trademark in this class secure their identity and build trust in their products and services.
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Goods Included in Trademark Class 35
Class 35 encompasses a broad range of services that are designed to promote, manage, and support business activities. Generally, these services include but are not limited to:
1. Advertising and Marketing Services
Online and offline advertising.
Social media marketing, influencer marketing, and digital campaigns.
Brand consulting and strategy.
Market research and consumer surveys.
2. Retail and Wholesale Services
Retail services of goods, both online and in physical stores.
Wholesale distribution and sales of goods.
E-commerce platforms and online marketplaces.
3. Business Consulting and Management
Business management and management advisory services.
Business consultancy and strategy development, operational and management optimization.
Financial accounting services for businesses.
4. Import/Export Services
Promoting the import or export of goods.
International trade services and distribution.
5. Human Resource Services
Recruitment and staffing services.
Labour outsourcing, employment agencies and human resources personnel.
6. Public Relations Services
Corporate communications, management, public relations.
Crisis management and media relations
7. Event Management
Organize events, conferences, trade fairs and exhibitions.
Event planning, and event promotion services.
8. Franchise Services
Franchise a company to different business types.
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Services Not Included in Trademark Class 35
As Class 35 covers numerous commercial services, it leaves out many services. In summary, here are some services outside class 35;
1. Financial Services: Banking and insurance services, besides those with an investment fall under the third class 36.
Services and related operations with telecommunications, for instance, telephone services or broadcast will be under class 38
2. Legal Services: Legal consultancy, law firm, and legal representation come under Class 45 not Class 35.
3. Property Services: Purchase, sales, or rental of buildings, land, and the like fall under Class 36.
4. Health Services: Health care, medical consulting, and dental or veterinary services fall under Class 44.
Also, Get to Know What is the Importance of Intellectual Property Rights
List of Services in Class 35 of Trademark
Here is the comprehensive list of services that must be classified under Trademark Class 35:
administrative processing of purchase orders
advertising/publicity
advertising by mail order
rental of advertising time on communication media
rental of advertising space
production of advertising films
advertising/publicity agencies
auctioneering
bill-posting / outdoor advertising
rental of billboards [advertising boards]
book-keeping/accounting
business management of reimbursement programs for others
providing business information via a website
business research
business investigations
business appraisals
business information
business project management services for construction projects
business management for freelance service providers
business management of sports people
business management of performing artists
business management of hotels
business inquiries
business management assistance
business efficiency expert services
advisory services for business management
business organization consultancy
business management and organization consultancy
business management consultancy
professional business consultancy
business auditing
commercial information agencies
commercial intermediation services
provision of commercial and business contact information
commercial or industrial management assistance
commercial administration of the licensing of the goods and services of others
commercial information and advice for consumers [consumer advice shop]
compilation of statistics
compilation of information into computer database computerized file management
cost price analysis
data search in computer files for others
demonstration of goods
design of advertising materials
direct mail advertising
dissemination of advertising matter
distribution of samples
document reproduction
drawing up of statements of accounts
economic forecasting
employment agencies
import-export agencies
invoicing
layout services for advertising purposes
provision of an online marketplace for buyers and sellers of goods and services
on-line advertising on a computer network
marketing studies
marketing research
marketing
modelling for advertising or sales promotion
negotiation and conclusion of commercial transactions for third parties
news clipping services
arranging newspaper subscriptions for others
office machines and equipment rental*
opinion polling
organization of fashion shows for promotional purposes
organization of trade fairs for commercial or advertising purposes
organization of exhibitions for commercial or advertising purposes
outsourced administrative management for companies
outsourcing services [business assistance]
pay per click advertising
payroll preparation
personnel management consultancy
personnel recruitment
rental of photocopying machines
photocopying services
presentation of goods on communication media, for retail purposes
price comparison services
procurement services for others [purchasing goods and services for other businesses]
psychological testing for the selection of personnel
public relations
publication of publicity texts
publicity material rental
radio advertising
relocation services for businesses
retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
sales promotion for others
rental of sales stands
search engine optimization
secretarial services
shop window dressing
shorthand
sponsorship search
arranging subscriptions to telecommunication services for others
systemization of information into computer databases
tax filing services
tax preparation
telemarketing services
telephone answering for unavailable subscribers
television advertising
transcription of communications [office functions]
typing
updating and maintenance of data in computer databases
updating of advertising material
rental of vending machines
Website traffic optimization
word processing
writing of curriculum vitae for others/writing of résumés for others
writing of publicity texts
Also, Get to Know How to deal with Trademark Infringement
Summing Up
Trademark Class 35 is important for companies that include advertising, marketing, and retail services and business administration. Registering your trademark in this class helps protect your business identity, enhances your brand’s value, and safeguards your intellectual property. Whether you’re a small business owner or a large enterprise, securing your trademark in Class 35 will ensure that your services stand out in a competitive marketplace. Protecting your business services with a trademark registration is a key step towards building a strong, reputable brand.
Get Familiar with the Key Provisions of Trademark Act, 1999
Trademark Class 35 FAQs
Q1. What are the services covered by Trademark Class 35?
Class 35 comprises services connected with advertising, marketing, business management, retail, and wholesale services.
Q2. Can I register my e-commerce business under Trademark Class 35?
Yes, e-commerce and online retail services are included in Class 35.
Q3. Are financial services covered by Trademark Class 35?
No, financial services like banking and investment services fall under Class 36.
Q4. Does Trademark Class 35 include event management services?
Yes, event planning, conferences, and trade show management are included in Class 35.
Q5. Can I file human resource services in Trademark Class 35?
Yes, recruitment, staffing, and personnel management services are included in Class 35.