Trademark Class 35: What Does It Include?

What is trademark class 35?

Class 35 Trademark contains advertising and business services like advertising, business management, business administration, and general office functions.

The United States Patent and Trademark Office (USPTO) uses 45 worldwide classes. Class 35 is one of them. Each of the 45 foreign classes recognised by the USPTO designates a distinct category of products or services.

Under Trademark Class 35, the following services are classified: Services provided by individuals or organisations with the primary goal of:

• Assisting in the working or commercial undertaking management 
• Assisting in business affairs management or commercial functions of an industrial or commercial enterprise, as well as services provided by advertising establishments primarily undertaking communication to the public, declarations by all means of diffusion and concerning all kinds of products and services. Read more

What is included in trademark class 35?

Trademark Class 35 is a service category that encompasses a wide range of professional and corporate services. The majority of the included services assist with the operation, management, or promotion of a commercial or industrial firm. 

The majority of the item in Class 35 are:

• The gathering of a range of commodities (excluding transportation) for the benefit of others, allowing buyers to view and purchase such things in a convenient manner. 

• Retail establishments, wholesale outlets, mail order catalogs, and electronic media, such as websites or television shopping programs, may all provide such services.

• Services include registration, composition, transcription, compilation or systematization of written communication and registrations and even the compilation of mathematical or statistical data.

• Services of advertising agencies as well as services like the distribution of prospectuses, directly or through the post, or the distribution of samples. This class refers to advertising in relation to other services, such as those concerning bank loans or advertising by radio. 

Services classified under Trademark class 35

• Services of products demonstrations and product display, presentation of goods on media, for retail proposes, shop window dressing.

• Rental of advertising space, time, and media, and provision of advertising space, and time on the communication medium.

• Pharmaceutical, veterinary, and sanitary preparations, as well as medical supplies, are included in retail and wholesale services.

• Rental of Vending machines

• Bookkeeping, auditing, accounting, and drawing up of statements of accounts, and tax preparation.

• Rental of office equipment, and photocopying machines.

• Business analysis, research and information services, appraisals, investigations, cost analysis, economic forecasting, and news clipping services.

• Consultancy in business management and organisation.

• Clerical services, invoicing, preparation of payroll, photocopying services, secretarial services, shorthand, transcription, typing, word processing.

• Administrative data processing, a compilation of information into computer databases, data search in computer files for others.

• Marketing research marketing studies, opinion polling.

• Collecting and arranging business data, compiling statistics.

• Distribution of advertising, marketing and promotional material, direct mail advertising, circulation of advertising matter.

• Human resources management and recruitment services, employment agencies, personnel recruitment, and psychological testing for the selection of personnel.

Why are trademark classes important?

Trademarks protect intellectual property such as business names, slogans, phrases, and logos. 

After you register your trademark, you get exclusive rights to use that mark for your business. Your trademark registration is not applicable for every type of service. Your protection is only applicable for the kinds of services that you wrote down on your application. 

The USPTO has used the same standard classes of products and services since September 1, 1973. Most other countries around the world also use these standard categories. This is what the Nice Agreement marked off. The International Trademark Classification System is also called as the Nice Classification (NCL). This system includes 45 categories, with 34 goods categories and 11 services categories.

Once you submit your application for a trademark, you need to select one or more trademark classes that are applicable to your business or services. You must select the services that apply to the services you provide, known as “use in commerce”, or the services you plan to offer, called “intent to use”. This ensures clarity to both the USPTO and the general public on how and when your trademark applies.

Step to register Trademark Class 35

1. First, you need to do a trademark search. Before arranging your application, check for a similar, pre-existing trademark in class 35 using the USPTO Trademark Electronic Search System (TESS) database. You should also review the USPTO official Gazette, which regularly publishes new trademarks.

2. File a trademark application. Submit your application through the USPTO Trademark Electronic Application System (TEAS). Pay the applicable filing fee. Your application should include:

• Identification of the class of services: Verify Class 35 and any other coordinated classes, such as Class 36 (Insurance and Finance services) or coordinated classes, such as Class 36 (Shipping and Travel Services).

• Basis of Application: Check either “use in commerce” if you already sell the services. If you are planning to initiate soon, check “intent to use”. 

• Specimen: It shows how the trademark will appear when in use. It contains copies of advertising materials, business cards, an audio file, or a screenshot of a website. The USPTO will not approve news releases, invoices, packing slips, or letterhead or business cards that only list the company for this category.

• Description of the Services: Use one of the more than 1500 pre-existing descriptions of your services.

If you have any queries about the trademark class, contact Online Legal India. You can register your trademark online with us. Our professional will help you and guide you throughout the process.