Trademark Class 35: What Is It?

Trademark Class 35 includes advertising and business services, including:

  • Advertising, Business Management
  • Business Administration
  • Office Functions

Class 35 is one of the 45 international classes that the United States Patent and Trademark Office (USPTO) uses. Each one of the USPTO's 45 international classes designates a specific category of goods or services.

Why Are Trademark Classes Important?

Trademarks protect intellectual property such as:

  • Business Names
  • Slogans
  • Phrases
  • Logos

When you register a trademark, you gain exclusive rights to use that mark on for your business.

You can't usually use your trademark on every type of service, though. You trademark protection only applies to the types of services that you wrote down on your trademark application.

When you submit a trademark application, you'll have to select one or more trademark classes that apply to your business or services. You should only select classes that apply to the services you offer, known as "use in commerce," or the services you plan to offer, known as "intent to use." This makes it clear to both the USPTO and the general public how and when your trademark applies.

The USPTO has used the same standard categories of goods and services since September 1, 1973. Most other nations around the world also use these standard categories. This is what the Nice Agreement outlines. The International Trademark Classification System is also known as the Nice Classification (NCL). This system features 45 broad categories, with 34 goods categories and 11 services categories.

What Does Trademark Class 35 Include?

Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise.

All of the following services fall into Class 35:

  • Advertising, marketing and promotional services, advertising, advertising agencies, outdoor advertising, layout services for advertising purposes, marketing, modeling for advertising or sales promotion, online advertising on a computer network, production of advertising films, publication of publicity texts, publicity columns preparation, publicity material rental, radio commercials, sales promotion for others, sponsorship search, telemarketing services, television commercials, updating of advertising material, writing of publicity texts.
  • Public relations services, public relations.
  • Product demonstrations and product display services, demonstration of goods, presentation of goods on communication media, for retail purposes, shop window dressing.
  • Trade show and exhibition services, organization of fashion shows for promotional purposes, organization of exhibitions for commercial or advertising purposes, organization of trade fairs for commercial or advertising purposes, Loyalty, incentive and bonus program services.
  • Provision of advertising space, time and media, rental of advertising space, rental of advertising time on communication media.
  • Distribution of advertising, marketing and promotional material, advertising by mail order, direct mail advertising, dissemination of advertising matter, distribution of samples.
  • Advertising, marketing and promotional consultancy, advisory and assistance services, Commercial trading and consumer information services, administrative processing of purchase orders, arranging newspaper subscriptions for others, arranging subscriptions to telecommunication services for others, commercial information and advice for consumers, commercial administration of the licensing of the goods and services of others, import-export agencies, price comparison services, procurement services for others.
  • Retail and wholesale services, retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies.
  • Auctioneering services, auctioneering.
  • Rental of vending machines, rental of vending machines.
  • Business assistance, management and administrative services, business management assistance, business inquiries, business management of hotels, business management of performing artists, business management of sports people, commercial or industrial management assistance, business efficiency expert services, outsourcing services, relocation services for businesses, telephone answering for unavailable subscribers.
  • Accountancy, bookkeeping and auditing, accounting, business auditing, drawing up of statements of accounts, tax preparation.
  • Administrative data processing, compilation of information into computer databases, data search in computer files for others, computerized file management, systemization of information into computer databases.
  • Human resources management and recruitment services, employment agencies, personnel recruitment, personnel management consultancy, psychological testing for the selection of personnel.
  • Clerical services, document reproduction, invoicing, payroll preparation, photocopying services, secretarial services, shorthand, transcription, typing, word processing.
  • Business consultancy and advisory services, business management consultancy, business management and organization consultancy, business organization consultancy, professional business consultancy, advisory services for business management.
  • Rental of office machines, office machines and equipment rental, rental of photocopying machines.
  • Business analysis, research and information services, business information, business appraisals, business investigations, business research, commercial information agencies, cost price analysis, economic forecasting, news clipping services.
  • Market research, marketing research, marketing studies, opinion polling.
  • Collection and systematization of business data, compilation of statistics.

Class 35 is one of the most popular trademark classes for new applications. That means your trademark may face competition or tighter scrutiny. Other common classes include:

What Is Trademark Infringement?

Trademark infringement happens when someone uses the same or a similar trademark as someone else. Most trademark infringement cases look at whether people are likely to get the two marks confused. The following factors are important in determining the outcome of such a case:

  • Comparison of the Trademarks: Do the marks have a similar look, pronunciation, or meaning?
  • Comparison of the Services: Are the classes of goods or services similar?
  • Strength of the Trademarks: Fanciful and arbitrary trademarks are considered particularly strong. They are completely unique to the business that registered them. Lesser-known trademarks don't carry as much weight.
  • Level of Confusion: Actual confusion, such as customers calling the wrong company for services, can strengthen an infringement case.

You can reduce the likelihood that you'll be charged with infringement by selecting the correct class on your trademark application. It's in your best interest to identify and pursue other parties infringing your mark.

Common Mistakes

  • Selecting a Good Class Rather Than a Service Class: Choose carefully between goods and services. For instance paper goods are part of Class 16. However, print and online advertising services are part of Class 35.
  • Selecting the Wrong Trademark Class: The class you choose has to represent your service in its final version. The trademark class shouldn't reflect the way you plan to market your service. Instead, it should represent the service itself.
  • Selecting Too Many Trademark Classes: When you apply for a trademark, the examiner will search for similar, preexisting marks. If your trademark description and service classes are too broad, your mark may infringe an existing one. That will cause the examiner to reject your trademark application.
  • Selecting Too Few Trademark Classes: If your trademark doesn't completely represent the way you plan to use it, you could encounter serious legal issues later. If another party registers a similar trademark in another related service class, you may infringe that trademark.

What Are the Trademark Classes?

Since September 1, 1973, the USPTO has used the same standardized categories of goods and services used in most nations around the world. The Nice Agreement outlines this in the International Trademark Classification System. It's also known as the Nice Classification (NCL). This standardized system includes 45 broad categories, with 34 good categories and 11 service categories.

NCL Classes

Class No.

Type

Description of Goods

Class 1

Chemicals

  • Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
  • Unprocessed artificial resins, unprocessed plastics
  • Manures
  • Fire extinguishing compositions
  • Tempering and soldering preparations
  • Chemical substances for preserving foodstuffs
  • Tanning substances
  • Adhesives used in industry

Class 2

Paints

  • Paints, varnishes, lacquers
  • Preservatives against rust and against deterioration of wood
  • Colorants
  • Mordants
  • Raw natural resins
  • Metals in foil and powder form for painters, decorators, printers and artists

Class 3

Cosmetics and Cleaning Preparations

  • Bleaching preparations and other substances for laundry use
  • Cleaning, polishing, scouring and abrasive preparations
  • Soaps
  • Perfumery, essential oils, cosmetics, hair lotions
  • Dentifrices

Class 4

Lubricants and Fuels

  • Industrial oils and greases
  • Lubricants
  • Dust absorbing, wetting and binding compositions
  • Fuels (including motor spirit) and illuminants
  • Candles and wicks for lighting.

Class 5

Pharmaceuticals

  • Pharmaceutical and veterinary preparations
  • Sanitary preparations for medical purposes
  • Dietetic substances adapted for medical use, food for babies
  • Plasters, materials for dressings
  • Material for stopping teeth, dental wax
  • Disinfectants
  • Preparations for destroying vermin
  • Fungicides, herbicides

Class 6

Metal Goods

  • Common metals and their alloys
  • Metal building materials
  • Transportable buildings of metal
  • Materials of metal for railway tracks
  • Non-electric cables and wires of common metal
  • Ironmongery, small items of metal hardware
  • Pipes and tubes of metal
  • Safes
  • Goods of common metal not included in other classes
  • Ores.

Class 7

 

  • Machinery

 

 

  • Machines and machine tools
  • Motors and engines (except for land vehicles)
  • Machine coupling and transmission components (except for land vehicles)
  • Agricultural implements other than hand-operated
  • Incubators for eggs.

 

Class 8

Hand Tools

  • Hand tools and implements (hand-operated)
  • Cutlery
  • Side arms
  • Razors

Class 9

Electrical and Scientific Apparatus

  • Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
  • Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
  • Apparatus for recording, transmission or reproduction of sound or images
  • Magnetic data carriers, recording discs
  • Automatic vending machines and mechanisms for coin-operated apparatus
  • Cash registers, calculating machines, data processing equipment and computers
  • Fire-extinguishing apparatus

Class 10

Medical Apparatus

  • Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11

Environmental Control Apparatus

  • Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12

Vehicles

  • Vehicles
  • Apparatus for locomotion by land, air or water

Class 13

Firearms

  • Firearms
  • Ammunition and projectiles
  • Explosives
  • Fireworks

Class 14

Jewelry

  • Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes
  • Jewelry, precious stones
  • Horological and chronometric instruments

Class 15

Musical Instruments

  • Musical instruments.

Class 16

Paper goods and Printed Matter

  • Paper, cardboard and goods made from these materials, not included in other classes
  • Printed matter
  • Bookbinding material
  • Photographs
  • Stationery
  • Adhesives for stationery or household purposes
  • Artists' materials
  • Paint brushes
  • Typewriters and office requisites (except furniture)
  • Instructional and teaching material (except apparatus)
  • Plastic materials for packaging (not included in other classes)
  • Printers' type
  • Printing blocks

Class 17

Rubber Goods

  • Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes
  • Plastics in extruded form for use in manufacture
  • Packing, stopping and insulating materials
  • Flexible pipes, not of metal

Class 18

Leather Goods

  • Leather and imitations of leather, and goods made of these materials and not included in other classes
  • Animal skins, hides; trunks and travelling bags
  • Umbrellas, parasols and walking sticks
  • Whips, harness and saddlery

Class 19

Nonmetallic Building Materials

  • Building materials (non-metallic)
  • Non-metallic rigid pipes for building
  • Asphalt, pitch and bitumen
  • Non-metallic transportable buildings
  • Monuments, not of metal

Class 20

Furniture and Articles not Otherwise Classified

  • Furniture, mirrors, picture frames
  • Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21

Housewares and Glass

  • Household or kitchen utensils and containers
  • Combs and sponges
  • Brushes (except paint brushes)
  • Brush-making materials
  • Articles for cleaning purposes
  • Steel wool 
  • Unworked or semi-worked glass (except glass used in building)
  • Glassware, porcelain and earthenware not included in other classes

Class 22

Cordage and Fibers

 

  • Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
  • Padding and stuffing materials (except of rubber or plastics)
  • Raw fibrous textile materials

 

Class 23

Yarns and Threads

  • Yarns and threads, for textile use

Class 24

Fabrics

  • Textiles and textile goods, not included in other classes
  • Bed and table covers

Class 25

Clothing

  • Clothing, footwear, headgear

Class 26

Fancy Goods

  • Lace and embroidery, ribbons and braid
  • Buttons, hooks and eyes, pins and needles
  • Artificial flowers

Class 27

Floor Coverings

  • Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
  • Wall hangings (non-textile)

Class 28

Toys and Sporting Goods

  • Games and playthings
  • Gymnastic and sporting articles not included in other classes
  • Decorations for Christmas trees

Class 29

Meats and Processed Foods

  • Meat, fish, poultry and game
  • Meat extracts
  • Preserved, frozen, dried and cooked fruits and vegetables
  • Jellies, jams, compotes
  • Eggs, milk and milk products
  • Edible oils and fats

Class 30

Staple Foods

  • Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee
  • Flour and preparations made from cereals, bread, pastry and confectionery, ices
  • Honey, treacle
  • Yeast, baking-powder
  • Salt, mustard
  • Vinegar, sauces (condiments)
  • Spices
  • Ice

Class 31

Natural Agricultural Products

  • Agricultural, horticultural and forestry products and grains not included in other classes
  • Live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32

Light Beverages

  • Beers
  • Mineral and aerated waters and other non-alcoholic drinks
  • Fruit drinks and fruit juices
  • Syrups and other preparations for making beverages

Class 33

Wine and Spirits

  • Alcoholic beverages (except beers)

Class 34

Smokers' Articles

  • Tobacco
  • Smokers' articles
  • Matches

 

NCL Services

Class No.

Type

Description of Services

Class 35

Advertising and Business

  • Advertising
  • Business management
  • Business administration
  • Office functions

Class 36

Insurance and Financial

  • Insurance
  • Financial affairs
  • Monetary affairs
  • Real estate affairs

Class 37

Building Construction and Repair

  • Building construction
  • Repair
  • Installation services

Class 38

Telecommunications

  • Telecommunications

Class 39

Transportation and storage)

  • Transport
  • Packaging and storage of goods; travel arrangement.

Class 40

Treatment of Materials

  • Treatment of materials

Class 41

Education and Entertainment

  • Education
  • Providing of training
  • Entertainment
  • Sporting and cultural activities

Class 42

Computer and Scientific

  • Scientific and technological services and research and design relating thereto
  • Industrial analysis and research services
  • Design and development of computer hardware and software

Class 43

Hotels and Restaurants

  • Services for providing food and drink
  • Temporary accommodation.

Class 44

Medical, Beauty & Agricultural

  • Medical services
  • Veterinary services
  • Hygienic and beauty care for human beings or animals
  • Agriculture, horticulture and forestry services

Class 45

Personal

  • Legal services
  • Security services for the protection of property and individuals
  • Personal and social services rendered by others to meet the needs of individuals

Frequently Asked Questions

  • How Many Trademark Classes Can I Select?

There's no limit to the number of trademark classes you can select. Strike a balance between narrow and broad definitions of your service.

  • Can I Add Another Class to My Trademark?

No, you can't add another class at a later date. If you need to add more, start the application process over again.

  • How Much Does It Cost to Register a Trademark Class 35?

Check the current USPTO fee schedule. Trademark applications start at $225. You'll usually pay an extra fee for every additional class you select.

Steps to Register a Class 35 Trademark

1. Do a Trademark Search: Before compiling your application, check for similar, preexisting trademarks 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 trademark application through the USPTO Trademark Electronic Application System (TEAS). Pay the correct filing fee. The application should include the following:

  • Basis for Application: Check either "use in commerce" if you already market the services. If you plan to start soon, check "intent to use."
  • Identification of the Class of Services: Check Class 35 and any other coordinated classes, such as Class 36 (Insurance and Finance Services) or Class 39 (Shipping and Travel Services).
  • Description of the Services: Use one of the more than 1,500 preexisting descriptions of your services.
  • Specimen: Include an example of how the trademark will appear when in use. For Trademark Class 35, include copies of advertising materials, business cards, an audio file, or a screenshot of a website. The USPTO won't accept news releases, invoices, packing slips, or letterhead or business cards that only list the company for this category.
  • Information About the Applicant: List your name and mailing address. If you're filing as a company, list your business name.
  • Declaration: Sign to indicate that you've completed the application honestly.

If you need help with registering a trademark, you can post your question or concern on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law. They average 14 years of legal experience. This includes work with or on behalf of companies like Google, Stripe, and Twilio.