A class 35 trademark identifies specified business-related services, including advertising, retail, wholesale, business management, and office administration services. It does not automatically cover every business activity or the products a company sells.
Key Takeaways
- Class 35 is a service class, not a class for physical products.
- Common Class 35 services include advertising, marketing, retail stores, wholesale services, business consulting, recruitment, and bookkeeping.
- A Class 35 registration for retail services does not protect the goods sold through the store.
- Your application must identify the actual services. Listing only "Class 35" is not enough.
- USPTO filing fees apply per class and may increase based on how the application is prepared.
- A service-mark specimen must connect the mark directly with the Class 35 services.
What Does Trademark Class 35 Cover?
Trademark Class 35 covers services associated with advertising, business management, business administration, and office functions. It includes services that help other businesses operate, promote products, reach customers, manage personnel, process information, or conduct commercial transactions. The exact wording of your identification matters more than the class number alone.
Common examples include advertising agency services, digital marketing, public relations, market research, business management consulting, commercial business administration, employment recruiting, bookkeeping, payroll preparation, clerical services, and computerized database management. Class 35 also includes many retail and wholesale store services, including online retail store services, when the applicant provides customers with a convenient way to view and purchase specified goods.
Class 35 does not cover every service performed by a business. Financial services, software development, education, restaurant services, and legal services generally fall in other classes. It also does not cover the underlying products offered by a retailer. A clothing store may need Class 35 for retail store services and Class 25 for its branded clothing.
The broader system is explained in this overview of USPTO trademark classes for goods and services. Before filing, compare your wording with the current WIPO Nice Classification and the USPTO's accepted identification resources. Classification language and accepted identifications can change, so verify the current entries that match what you actually offer.
Class 35 Trademark Examples and Exclusions
The easiest way to evaluate Class 35 is to focus on the service customers purchase from you. A marketing agency provides advertising services. A recruiter provides personnel placement services. A management consultant gives business-management advice. An online retailer brings together selected goods so customers can view and buy them. Each activity can fall within Class 35 when accurately described.
Examples Commonly Included in Class 35
- Advertising, marketing, publicity, and promotional services
- Public relations and advertising consultancy
- Retail and wholesale store services featuring specified products
- Online retail and wholesale store services
- Business management, organization, and administration consulting
- Market research, business analysis, and commercial information
- Employment agency, recruitment, and personnel management services
- Bookkeeping, business auditing, payroll preparation, and tax preparation
- Office administration, clerical support, invoicing, and data processing
- Procurement, import-export agency, and purchase-order processing services
Activities Usually Excluded From Class 35
Class 35 generally does not cover the manufacture or sale of a product as a product. Clothing, cosmetics, furniture, pharmaceuticals, and electronics belong in their respective goods classes. It also excludes services assigned elsewhere, such as banking and insurance in Class 36, telecommunications in Class 38, education in Class 41, software development and hosted software in Class 42, and restaurant services in Class 43.
Do not assume that being a business consultant automatically places every service in Class 35. Technical consulting, financial consulting, and legal consulting may fall in different classes because classification follows the subject and nature of the service.
Class 35, Class 035, IC 035, and International Class 35
Class 35, Class 035, trademark Class 035, IC 035, and International Class 35 generally point to the same numbered classification context. The leading zero does not create a separate class. Spanish-language references such as "clase 35 registro de marcas" also refer to the business-service category within the international Nice system.
Nice Classification Class 35 broadly addresses advertising, business management, business administration, and office functions. WIPO maintains the Nice Classification, while the USPTO applies the international classes within its own federal application and examination procedures. As a result, locating a service in Nice Classification Class 35 does not remove the need to satisfy USPTO identification, filing-basis, specimen, and examination requirements.
Your application must state the particular services associated with the mark. Descriptions such as "business services," "retail services," or simply "Class 035 trademark" may be too indefinite without more detail. A retailer ordinarily identifies the type of retail service and the goods featured. A consultant should identify the field of business consulting. An advertising company should describe the advertising or promotional services it performs.
Classification also does not decide by itself whether a mark can register. The USPTO separately considers issues such as distinctiveness and possible confusion with earlier marks. Two applicants can sometimes use similar names in different commercial settings, but sharing or separating class numbers does not resolve the legal analysis. Read more about whether two companies can have the same name in one class.
Class 35 Compared With Classes 25, 36, 9, and 42
Select classes based on what customers receive under the mark. The following comparison shows common boundaries, but your complete identification and business model control the final choice.
| Class | What It Generally Covers | Example |
|---|---|---|
| 35 | Advertising, retail, wholesale, business management, administration, and office services | An online retail store featuring clothing or a business-management consultancy |
| 25 | Clothing, footwear, and headwear as goods | Branded shirts, shoes, or hats |
| 36 | Financial, insurance, monetary, and real estate services | Financial planning, insurance underwriting, or real estate brokerage |
| 9 | Specified electronic goods and downloadable software | A downloadable accounting application |
| 42 | Scientific, technological, software development, and hosted software services | Software as a service or custom software design |
A clothing company may need both Class 25 and Class 35 if it uses the mark on clothing and for separately identifiable retail store services. Review the distinction in this guide to Class 25 trademarks for clothing. Similarly, a technology business could need Class 9 for downloadable software, Class 42 for hosted software, and Class 35 for a distinct business-consulting service. The boundaries involving downloadable products are discussed further in the overview of Trademark Class 9.
Do not add classes solely because they seem related to your industry. Each class should correspond to goods or services you already use the mark with or have a genuine intent to offer. Extra classes increase fees and require their own support during the registration process.
How Much Does a Class 35 Trademark Cost?
The USPTO charges trademark application fees per class. An application covering only properly identified Class 35 services generally requires one class fee. If the same application also covers clothing in Class 25 or financial services in Class 36, you pay the applicable filing fee for each selected class.
The total can depend on how you draft the application. Additional fees may apply when an applicant uses custom identifications instead of accepted wording, provides incomplete information, or exceeds specified identification limits. Intent-to-use applications can also involve later fees before registration because the applicant must establish qualifying use of the mark. Attorney fees, clearance-search costs, and expenses associated with responding to an office action are separate from USPTO charges.
Check the current USPTO trademark fee schedule immediately before filing. Government fees and payment rules can change, and filing fees are generally not returned merely because an applicant selected an unnecessary class, used an unacceptable identification, or later abandoned the application.
If you are unsure whether your retail or business activity fits Class 35, need several classes, discover a conflicting mark, or receive an office action, you can post your legal need on UpCounsel's marketplace. A trademark attorney can assess your services, conduct a clearance search, draft the identification, select classes, review your specimen, and respond to USPTO objections. Responses typically arrive within a day.
Class 35 Specimen Requirements
A use-based Class 35 application must include evidence showing how customers encounter the mark in connection with the identified services. The specimen should create a direct association between the mark and those services. Displaying a logo without mentioning or clearly indicating the services may not satisfy this requirement.
A webpage screenshot can work when it displays the mark and describes the retail, advertising, consulting, or other Class 35 services. For online retail services, the page should demonstrate that customers can encounter the retail service, such as through product groupings, shopping information, or purchasing functions. The submitted screenshot must include the webpage address and access or capture date as required by the USPTO.
Advertisements, brochures, business signage, and promotional materials may also work when they connect the mark with the services. An invoice, letterhead, or business card may be acceptable only when its content identifies the relevant services. A document showing merely the company name, address, and logo generally does not demonstrate service-mark use.
Other weak specimens include internal business documents, mockups created for the application, advertising that never reached prospective customers, and materials showing the mark only on products. A photo of a branded shirt, for example, may support clothing goods but does not by itself establish retail store services.
Intent-to-use applicants normally provide qualifying evidence later, after actual use begins and before registration. Because the details can determine acceptance, compare your evidence with these trademark specimen examples and USPTO requirements before submitting it.
How to File a USPTO Class 35 Application
- Define your services. Write down what customers receive under the mark. Separate business consulting, retail, technology, financial, educational, and product-related offerings instead of treating them as one general business activity.
- Search for conflicting marks. Use the USPTO trademark search system to look for similar wording, spelling, sound, appearance, and commercial meaning. Search related goods and services, not only records labeled Class 35.
- Select the owner and mark format. Identify the correct individual or legal entity that owns the mark. Decide whether the application covers standard characters or a particular design presentation. The drawing must match the mark you seek to register.
- Choose a filing basis. A use-in-commerce basis applies when qualifying use has already begun. An intent-to-use basis applies when you have a bona fide plan to use the mark but have not yet established use that supports registration.
- Draft the service identification. Use accurate USPTO-accepted wording when available. Name the specific consulting field, type of advertising, or retail services and featured goods. You generally cannot broaden the identification after filing.
- Calculate classes and fees. Confirm every goods and services class needed for the application. Review the current fee schedule and possible additional charges before submitting payment.
- Provide the required specimen. For a use-based filing, submit evidence that directly connects the mark with the listed Class 35 services. Intent-to-use applicants provide evidence at the appropriate later stage.
- Monitor examination. Review correspondence and application status. If the USPTO issues an office action, address every refusal or requirement by the stated deadline in the notice.
Approval is not immediate. A USPTO examining attorney reviews the application, and an approved mark is published so others can oppose registration. Intent-to-use applicants must complete additional use-related steps before the mark can register.
When Class 35 Should Be Part of a Multiclass Filing
You may need Class 35 plus another class when the same mark identifies both Class 35 services and separately protectable goods or services. The central question is not what your company does internally. It is what you offer to customers under the mark.
A fashion brand may sell branded clothing and operate retail store services, potentially making Classes 25 and 35 relevant. A software company may provide downloadable programs, hosted software, and business consulting, potentially involving Classes 9, 42, and 35. A financial company offering business administration and financial planning may need Classes 35 and 36. A company that provides business consulting and paid educational workshops may need Classes 35 and 41. The educational component is explained in the guide to Trademark Class 41.
Using several classes can broaden coverage, but each class must stand on its own. You must pay the applicable fee, identify qualifying goods or services, and eventually show use where required for each class. Registration in Class 35 does not reserve a name across all industries or stop every use of similar wording.
Build the filing around current commercial reality and planned expansion. If an additional service is speculative, consider whether a bona fide intent-to-use basis is supportable. If you add new goods or services after filing that exceed the original identification, you may need a separate application rather than an amendment.
Frequently Asked Questions
What Is Trademark Class 35 in Trademark Registration?
Trademark Class 35 is the international service category used for specified advertising, retail, wholesale, business management, administration, and office services. Registration connects the mark to the services listed in the application, not to business ownership generally. The practical scope depends on the identification, the mark, related commercial activities, and other facts affecting potential confusion.
How Do You Trademark a Design?
You trademark a design by filing an application that includes an accurate drawing of the design and identifies the goods or services offered under it. Classification follows those goods or services, not the design's artistic subject. Because protection may be limited to the submitted presentation, consider separately applying for important wording in standard characters when appropriate.
How Do I File a Trademark?
You file a federal trademark application electronically with the USPTO after identifying the owner, mark, goods or services, classes, and filing basis. Application records generally become public, so review names, addresses, and other entries carefully. After submission, monitor the application status and USPTO correspondence instead of relying only on an initial filing confirmation.
Is Class 35 a Good or a Service?
Class 35 is a service class. A mark used for retail services may appear near physical goods, but the Class 35 service is the commercial activity of presenting or bringing together goods for customer selection and purchase. The products retain their own goods classifications and may require separate coverage if the mark also identifies them.
Is Section 35AD Related to Trademark Class 35?
No, Section 35AD is not related to Trademark Class 35. Section 35AD is a provision of India's income-tax law concerning certain specified businesses, while Class 35 is a trademark classification for business-related services. A question asking if you are engaged in a specified business under Section 35AD should be answered using tax facts, not trademark classification.
How Many Trademark Classes Are Used in India?
India uses the Nice Classification framework of 45 classes, with Classes 1 through 34 covering goods and Classes 35 through 45 covering services. Indian filing procedures and acceptable descriptions are governed by the country's trademark authorities. Applicants should check current Indian requirements rather than assuming that USPTO wording, specimens, or filing rules apply unchanged.
