Trademark Class 35: Everything You Need to Know

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:

• Class 9 (Electrical and Scientific Apparatus): This includes computer software and electronics.
• Class 25 (Clothing): This includes clothing, footwear, and headgear.
• Class 41 (Education and Entertainment): This includes publishing, teaching, and entertainment services.
• Class 42 (Computer and Scientific): This includes technology, scientific, and research services.

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, Menlo Ventures, and Airbnb.