All About Trademark Class 35

All About Trademark Class 35

Trademark Class 35, part of the Nice Classification system, encompasses business management, advertising, marketing, and retail services. It is crucial for brand protection and legal benefits, preventing confusion among consumers by safeguarding brand distinctiveness in these service areas. Examples included advertising agencies, business consulting, retail, and market research services. Registering a trademark in Class 35 enhances business credibility and aids in licensing and franchising. It facilitates global expansion under the Madrid System, making it a fundamental class for businesses seeking to protect and promote their commercial and promotional activities.

Important services included in Trademark Class 35

Trademark Class 35 mainly includes services involving business management, operation, organization & administration of a commercial or industrial enterprise, as well as marketing and promotional services. For the purpose of classification, the sale of goods is not considered to be a service. The services included in this class are as follows-

• The bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to view and purchase those goods conveniently; such services may be provided by retail stores, wholesale outlets, through vending machines, mail order catalogues or by means of electronic media, for instance, via websites or shopping programmes of TV.
• Advertising, marketing & promotional services, for example, distribution of samples, development of advertising concepts, writing & publications of publicity texts.
• Shop window dressing
• Public relation services
• Production of teleshopping programmes
• Organization of trade fairs & exhibitions for commercial or advertising purposes.
• Search engine optimization for sales promotion
• Commercial assistance services, for instance, personnel recruitment, negotiation of business contracts for others, cost price analysis, import-export agency services
• Administration services relating to business transactions and financial records include book-keeping, drawing up of statements of accounts, business & financial auditing, business appraisals, tax preparation & filing services.
• Commercial administration of the licensing of the goods & services of others
• Services including registration, transcription, composition, compilation or systemization of written communications and registrations, & also the compilation of mathematical or statistical data
• Office functions include appointment scheduling and reminder services, data search in computer files for others, computerized file management, and telephone switchboard services.

Services does not included in Trademark Class 35

• Financial services like financial analysis, financial management, and financial sponsorship (included in class 36).
• Real estate management (included in class 36)
• Stock brokerage services (included in class 36)
• Transportation logistics (included in class 39)
• Energy auditing (included in class 42)
• Graphic design of promotional materials (included in class 42)
• Legal services related to the negotiation of contracts for others (included in class 45)
• Licensing of intellectual property, legal administration of licences, copyright management (included in class 45)
• Registration of domain names (included in class 45)

List of popular examples of Trademark Class 35

• Deloitte: They provide business management, business administration, and consultation services.
• Publicis Groupe: They provide advertising and marketing services.
• Ogilvy and Mather: media research and consultation, advertising, promotional, and marketing services.
• Dmart: Retail services provided by department stores and online stores
• Amazon: Intermediary services for the sale and purchase of goods   

List of services classified under Trademark Class 35

The detailed list of services that have been covered under this class is given below:

A

• Administration of consumer loyalty programs
• Administration of frequent flyer programs
• Administrative assistance in responding to calls of tenders/ requests for proposals [RFPs]
• Administrative processing of purchase orders
• Administrative services for medical referrals
• Administrative services for the relocation of businesses 
• Advertising/ publicity
• Advertising via mail order
• Advertising agency services/ publicity agency services
• Advertising services to create a brand identity for others
• Advisory services for business management
• Appointment reminder services [office functions]
• Appointment scheduling services [office functions]
• Arranging & conducting of commercial events
• Arranging newspaper subscriptions for others
• Arranging subscriptions to electronic toll collection [ETC] services for others 
• Arranging subscriptions to telecommunication services for others 
• Auctioneering

B

• Bill-posting
• Book-keeping/ Accounting
• Business appraisals
• Business auditing
• Business consultancy services for digital transformation
• Business efficiency expert services
• Business Inquiries 
• Business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding
• Business intermediary services relating to the matching of various professionals with clients
• Business investigations
• Business management of reimbursement programmes for others/ business management of reimbursement programs for others
• Business management for freelance service providers
• Business management of sports people
• Business management of performing artists
• Business management of hotels
• Business management assistance
• Business organization consultancy
• Business management and organization consultancy
• Business management consultancy
• Business partnership search
• Business project management services for various construction projects
• Business research

C

• Commercial information agency services         
• Commercial intermediation services
• Commercial lobbying services
• Commercial or industrial management assistance
• Commercial administration of the licensing of the goods and services of others
• Competitive intelligence services
• Compilation of statistics 
• Compilation of information into the computer database 
• Compiling indexes of information for commercial or advertising purposes 
• Computerized file management
• Computerized management of medical records and files
• Consultancy regarding advertising communication strategies
• Consultancy regarding public relations communication strategies
• Consumer profiling for commercial or marketing purposes 
• Corporate communications services
• Cost price analysis

D

• Data processing services [office functions]
• Data search in computer files for others
• Demonstration of goods
• Development of advertising concepts
• Development of business organization strategies relating to corporate social responsibility
• Development of marketing concepts
• Direct mail advertising
• Dissemination of advertising matter
• Distribution of samples
• Drawing up of statements of accounts

E

• Economic forecasting
• Employment agency services

F

• Financial auditing

G

• Gift registry services

I

• Import-export agency services
• Influencer marketing
• Interim business management 
• Invoicing

L

• Layout services for advertising purposes
• Lead generation services

M

• Market intelligence services
• Market studies
• Marketing
• Marketing in the framework of software publishing
• Marketing research
• Marketing through product placement for others in virtual environments
• Media relations services
• Modelling for advertising or the sales promotion

N

• Negotiation and conclusion of commercial transactions for third parties
• Negotiation of business contracts for others
• News clipping services

O

• Office machines and equipment rental*
• Online advertising on a computer network
• Online ordering services in the field of restaurant take–out and delivery
• Online retail services for downloadable and pre-recorded music & movies
• Online retail services for downloadable digital music
• Online retail services for downloadable ringtones
• Online retail services for downloadable virtual clothing
• Opinion polling
• Organization of fashion shows for promotional purposes
• Organization of trade fairs 
• Organization of exhibitions for commercial or advertising purposes
• Outdoor advertising
• Outsourced administrative management for the companies
• Outsourcing services [business assistance]

P

• Pay-per-click advertising
• Payroll preparation
• Personnel management consultancy
• Personnel recruitment
• Photocopying services
• Preparation of business profitability studies
• Presentation of goods on communication media, for retail purposes
• Price comparison services 
• Procurement services for others [purchasing goods and services for other businesses]
• Production of advertising films
• Production of teleshopping programmes/ programs
• Professional business consultancy
• Promotion of goods & services via sponsorship of sports events
• Promotion of goods via influencers
• Providing business information
• Providing business information through a website
• Providing commercial information & advice for consumers in the choice of products and services
• Providing telephone directory information
• Providing user rankings/ user ratings for commercial or advertising purposes
• Providing user reviews for commercial or advertising purposes
• Providing commercial and business contact information
• Provision of an online marketplace for buyers & sellers of downloadable digital image files authenticated by non-fungible tokens [NFTs]
• Provision of an online marketplace for buyers and sellers of goods & services
• Psychological testing for the selection of personnel
• Public relations
• Publication of publicity texts
• Publicity material rental

R

• Radio advertising 
• Reception services for visitors [office functions]
• Registration of written communication and data
• Rental of advertising space
• Rental of advertising time on communication media
• Rental of billboards [advertising boards]
• Rental of cash registers
• Rental of office equipment in co-working facilities
• Rental of photocopying machines
• Rental of sales stands
• Rental of vending machines
• Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
• Retail services for works of art provided by art galleries
• Retail services relating to bakery products
• Retail services relating to downloadable digital image files authenticated by non-fungible tokens [NFTs]

S

• Sales promotion for others
• Sales prospecting for others
• Scriptwriting for advertising purposes 
• Search engine optimization for sales promotion
• Secretarial services 
• Shop window dressing
• Shorthand
• Sponsorship Search
• Systemization of information into computer databases

T

• Targeted marketing tax filing services
• Tax Preparation
• Telemarketing services
• Telephone answering for unavailable subscribers
• Telephone switchboard services
• Television advertising
• Transcription of communications [office functions]
• Typing

U

• Updating & maintenance of data in computer databases
• Updating & maintenance of information in registries
• Updating of advertising material

W

• Web indexing for commercial or advertising purposes
• Website traffic optimization
• Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
• Word processing
• Writing of curriculum vitae/ resumes for others
• Writing of publicity texts

Conclusion

Trademark Class 35 is a vital category within the Nice Classification system, encompassing a wide range of services related to business management, advertising, marketing, and retail. It plays a pivotal role in protecting brand identity, preventing confusion among consumers, and providing legal benefits to businesses. Registering a trademark in Class 35 enhances business credibility, supports licensing and franchising efforts, and facilitates global expansion. This class is essential for businesses seeking to safeguard their commercial and promotional activities, ensuring that their brand remains distinctive and legally protected in the marketplace.

At LegalPillers, we are here to help you for reducing the complexities related to the classification and registration of the trademark passionately, ensuring that your trademark is safeguarded within this important class of services. Choose LegalPillers as your trusted partner for the classification and registration of the trademark. 

(FAQs) about Trademark Class 35

What is Trademark Class 35?

● Trademark Class 35 is one of the categories established by the Nice Classification system for trademark registration. It covers a wide range of business management, advertising, marketing, and retail services.

What types of services fall under Class 35?

● Class 35 includes services such as advertising, business management, market research, retail, data processing, and more. It primarily focuses on commercial and promotional activities.

Why is Class 35 important for businesses?

● Registering a trademark in Class 35 is crucial for protecting a brand’s identity in business and advertising. It helps prevent others from using similar marks that could confuse consumers.

Can I register my retail store’s name in Class 35?

● Yes, if your retail store offers online or physical retail services, mail order, or e-commerce, you can register your store’s name in Class 35.

What is the difference between Class 35 and Class 36 (Real Estate Services)?

● Class 35 covers business, advertising, and marketing services, while Class 36 primarily deals with real estate services, such as real estate agency and rental of real estate.

Do I need to register for Class 35 if I have already registered for another class?

● If your business offers services that fall under both Class 35 and another class, it is advisable to register in both classes to ensure comprehensive protection.

Can a consulting firm register in Class 35?

● Yes, consulting firms providing business consulting services can register in Class 35 to protect their brand identity in this field.

What is the Madrid System, and how does it relate to Class 35?

● The Madrid System is an international trademark registration system that allows trademark owners to protect their marks in multiple countries. Registering in Class 35 can facilitate global expansion under this system.

Can I register a trademark for a specific advertising campaign in Class 35?

● Yes, you can register a trademark for specific advertising campaigns or promotional events as part of your Class 35 services.

Is having a registered trademark in Class 35 necessary to conduct business activities in this category?

● While it is not mandatory, having a registered trademark in Class 35 provides legal protection and exclusive rights to your brand within this category.

Can I transfer my trademark registration in Class 35 to another entity?

● Yes, trademark registrations in Class 35 can be transferred to another entity through the appropriate legal procedures.

What is the duration of trademark protection in Class 35?

● Trademark protection typically lasts for ten years, with the option to renew indefinitely as long as the mark is actively used and maintained.

Can I apply for a trademark in Class 35 if I haven’t started my business yet?

● Yes, you can apply for trademark registration in Class 35 even if your business is not yet operational, as long as you have a bona fide intention to use the mark.

Can I use my trademark registered in Class 35 for unrelated services?

● Trademarks are typically protected for the specific goods or services they are registered for. Using a Class 35 trademark for unrelated services may not be advisable and could lead to legal issues.

What is the process for registering a trademark in Class 35?

● The process involves filing a trademark application with the relevant trademark office, which includes a thorough examination and publication period. Once approved, the mark is registered.

Can I protect my trademark in Class 35 internationally?

● Yes, you can protect your trademark internationally through various mechanisms, including the Madrid System and individual applications in different countries.

What is the cost of registering a trademark in Class 35?

● The cost varies depending on the jurisdiction and the number of classes you register in. It is advisable to consult with a trademark attorney for precise cost estimates.

Can I enforce my trademark rights in Class 35 against infringers?

● Yes, trademark owners in Class 35 can take legal action against infringers to protect their brand and seek damages if trademark violations occur.

What happens if I don’t renew my trademark registration in Class 35?

● If you don’t renew your registration, you risk losing the protection and exclusive rights associated with your trademark in Class 35.

Can I amend my trademark registration in Class 35?

● In some cases, you can make amendments to your trademark registration. Still, consulting with a trademark attorney or the relevant trademark office for guidance on specific changes is essential.