Trademark Class 35: What Does It Include?

Trademark Class 35 is one of the most widely used trademark classifications, covering business, advertising, marketing, and retail services. If your business provides advertising solutions, consultancy, online retail, or business management services, you must register your trademark under Class 35 to protect your brand identity.

What is Trademark Class 35?

Trademark Class 35 covers business and commercial services, including advertising, marketing, business management, consultancy, retail, wholesale, and office administration. It also includes e-commerce operations, recruitment, outsourcing, and market research. However, it excludes financial, legal, and telecommunication services, which fall under other trademark classes.

Why is Trademark Classification Important?

The Nice Classification (NCL) system categorizes trademarks based on the nature of goods and services. Proper classification ensures:

• Strong legal protection for your brand.
• Avoidance of conflicts with businesses in different industries.
• Clear scope of trademark rights.

Services Covered Under Trademark Class 35

Trademark Class 35 covers business and commercial services, including advertising, marketing, business management, consulting, retail, and office functions. This class is often used by corporate entities, e-commerce platforms, and professional services. Below are the primary service categories:

1. Advertising and Marketing Services

• Digital marketing
• Social media marketing
• Search engine optimization (SEO)
• Advertising and promotional services
• Content creation for advertising
• Public relations (PR) services
• Branding and brand positioning
• Event marketing and promotions
• Direct mail advertising
• Affiliate marketing
• Billboard and outdoor advertising
• Pay-per-click (PPC) advertising

2. Business Management and Consultancy Services

• Business administration and management
• Business consultancy and strategy planning
• Human resource (HR) management
• Office administration services
• Business efficiency analysis
• Franchise consultation and management
• Outsourcing services
• Start-up business advisory
• Project management consulting
• Payroll processing services

3. Retail and Wholesale Services

• Online and physical retail store services
• E-commerce business operations
• Wholesale store services
• Distributorship services
• Dropshipping services
• Shopping mall business management
• Auction services

4. Office Functions and Administrative Services

• Data processing and data entry services
• Secretarial and clerical services
• Document reproduction and photocopying
• Call center operations
• Scheduling and appointment management
• Bookkeeping services (excluding tax and financial advisory)
• Business support and administrative services

5. Business Research and Data Analysis

• Market research and analysis
• Consumer behavior research
• Business data analysis
• Competitor benchmarking
• Demographic analysis

6. Employment and Recruitment Services

• Job placement and recruitment agencies
• Executive search services
• Temporary staffing and contract hiring
• Resume writing services
• HR consulting

7. Trade and Economic Services

• Import and export agency services
• Business networking services
• Business-to-business (B2B) services
• Negotiation of business contracts

8. Corporate and Business Support Services

• Company formation and registration support
• Corporate secretarial services
• Business licensing assistance
• Commercial feasibility studies

Excluded Services from Class 35

Some services related to finance, education, or legal matters fall under different trademark classes:

Class 35 is one of the most commonly registered trademark classes, especially for businesses offering marketing, retail, consulting, or business management services. If you're unsure whether your business falls under Class 35, feel free to ask us!

Who Should Register Under Trademark Class 35?

Businesses and professionals offering advertising, marketing, retail, or business consulting services should register under Class 35. This includes:

• Marketing agencies (SEO, digital marketing, social media)
• E-commerce businesses & online retailers
• Business consultants & management firms
• Advertising firms & PR agencies
• Recruitment agencies & HR consultancies

Benefits of Trademark Registration in Class 35

1. Exclusive Rights & Brand Protection

Trademark registration provides exclusive ownership of your brand name, logo, or slogan for business and advertising services.

2. Legal Ownership & Enforcement

A registered trademark allows you to legally enforce your rights against brand infringement or misuse.

3. Increased Brand Value & Recognition

A strong trademark helps your business stand out in a competitive market, making it easier to attract customers.

4. Business Expansion Opportunities

Registering your trademark under Class 35 makes it easier to franchise, license, or expand globally.

Trademark Registration Process for Class 35

Here is the process to register a trademark under trademark class 35:

Step 1: Conduct a Trademark Search

Before filing, conduct a trademark search to ensure your brand name is unique and not already registered.

Step 2: Prepare the Application

Your application should include:

• Brand name, logo, or slogan
• List of services covered under Class 35
• Business details (owner name, address, company structure)

Step 3: Submit the Application

File the application with the Trademark Office in your country. In India, the IP India Office handles trademark registrations.

Step 4: Examination & Publication

• The trademark examiner reviews your application.
• If no objections arise, your mark is published in the Trademark Journal.
• If there are objections, you may need to respond or attend a hearing.

Step 5: Registration & Certificate Issuance

If no opposition is filed, your trademark is registered, and you receive a trademark certificate granting exclusive rights over your brand.

Common Reasons for Trademark Rejection in Class 35

To avoid rejection, ensure that:

• Your brand name is not too generic (e.g., "Best Marketing Services").
• Your application is filed under the correct class.
• Your trademark does not conflict with an existing registered mark.

Conclusion

Trademark Class 35 is essential for businesses in advertising, marketing, business consulting, and retail. By registering your trademark under this class, you protect your brand, gain exclusive rights, and strengthen your market position. If you're planning to register your brand under Class 35, ensure a thorough trademark search and proper classification. A strong trademark provides legal security, brand recognition, and long-term growth.

Would you like assistance in registering your trademark under Class 35? The experts of Online Legal India can help you throughout the process!