Trademark Class 35 Covers a Variety of Business Services
Out of all the 45 trademark categories, Trademark Class 35 stands out as one of the most commonly used ones. It’s all about business services. This includes advertising, consulting, and anything related to running and managing businesses. Class 35 is for services, not products, so keep that in mind.
Now, when it comes to running a successful business, having a recognizable brand is super important. That’s where a trademark comes in. It gives you special rights to protect your logo, brand name, or slogan that you’ve registered. Registering your brand is really important because it helps you legally defend against copycats, and it also gives you an advantage over your competitors.
And the reason Class 35 is so popular is because it covers a wide range of business services and functions. So, if you’re in business, it’s a class you should consider for trademark protection.
Trademark Class 35
Let’s break down Trademark Class 35 in simple terms:
In this category, we find services that are all about helping businesses run smoothly. This includes managing a company’s day-to-day operations, handling business affairs, and getting the word out to the public about products and services.
Class 35 covers a range of services.
- Bringing Goods Together: This involves gathering different products so customers can easily see and buy them. Think of it as a retail store, wholesaler, or online shop.
- Dealing with Information: This includes organizing written documents, compiling data, or creating reports.
- Advertising Services: It also includes services related to advertising, like distributing brochures or running ad campaigns, even if they’re connected to other services, like bank loans or radio ads.
But keep in mind some things don’t belong in Class 35:
- Services like evaluations or reports from engineers that aren’t directly related to running a business should be classified differently.
Goals of Services in Trademark Class 35
Trademark Class 35 is one of 45 unique classes that classify different types of goods and services businesses offer. Class 35 specifically focuses on business and consulting services provided by organizations.
Trademark Class 35 deals with advertising and commercial services. It’s a popular choice for trademark registration because it covers a wide range of business services and activities. Importantly, it’s all about services, so it doesn’t protect any physical goods.
Here’s what you can find in Trademark Class 35:
Advertising Services: This includes creating, publishing, and distributing advertising content. It also covers trade fairs and product demonstrations.
Business Management: It involves managing various aspects of a business, including hotel and sports management, as well as general business administration, like handling payroll and human resources.
Office Tasks: Services related to office work like data processing, bookkeeping, secretarial assistance, transcription, and even renting office equipment.
Retail Services: This includes the names of physical stores and online shopping portals, but it doesn’t protect the products sold.
Now, what’s not in Trademark Class 35:
Selling Goods: If the primary focus of a business is selling physical products, it doesn’t belong in Class 35.
Engineer Assessments and Reports: Services related to engineer assessments and reports that aren’t directly connected to running the affairs of a business or industrial organization aren’t part of this class.
List of services classified under Trademark Class 35
- administrative processing of purchase orders
- advertising/publicity
- advertising by mail order
- rental of advertising time on communication media
- rental of advertising space
- production of advertising films
- advertising agencies/publicity agencies
- auctioneering
- bill-posting / outdoor advertising
- rental of billboards [advertising boards]
- bookkeeping/accounting
- business management of reimbursement programs for others/business management of reimbursement programs for others
- providing business information via a website
- business research
- business investigations
- business appraisals
- business information
- business project management services for construction projects
- business management for freelance service providers
- business management of sports people
- business management of performing artists
- business management of hotels
- business inquiries
- business management assistance
- business efficiency expert services
- advisory services for business management
- business organization consultancy
- business management and organization consultancy
- business management consultancy
- professional business consultancy
- business auditing
- commercial information agencies
- commercial intermediation services
- provision of commercial and business contact information
- commercial or industrial management assistance
- commercial administration of the licensing of the goods and services of others
- commercial information and advice for consumers [consumer advice shop]
- compilation of statistics
- compilation of information into computer databases, computerized file management
- cost price analysis
- data search in computer files for others
- demonstration of goods
- design of advertising materials
- direct mail advertising
- dissemination of advertising matter
- distribution of samples
- document reproduction
- drawing up of statements of accounts
- economic forecasting
- employment agencies
- import-export agencies
- invoicing
- layout services for advertising purposes
- provision of an online marketplace for buyers and sellers of goods and services
- online advertising on a computer network
- marketing studies
- marketing research
- marketing
- modelling for advertising or sales promotion
- negotiation and conclusion of commercial transactions for third parties
- news clipping services
- arranging newspaper subscriptions for others
- office machines and equipment rental*
- opinion polling
- organization of fashion shows for promotional purposes
- organization of trade fairs for commercial or advertising purposes
- organization of exhibitions for commercial or advertising purposes
- outsourced administrative management for companies
- outsourcing services [business assistance]
- pay per click advertising
- payroll preparation
- personnel management consultancy
- personnel recruitment
- rental of photocopying machines
- photocopying services
- presentation of goods on communication media for retail purposes
- price comparison services
- procurement services for others [purchasing goods and services for other businesses]
- psychological testing for the selection of personnel
- public relations
- publication of publicity texts
- publicity material rental
- radio advertising
- relocation services for businesses
- retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
- sales promotion for others
- rental of sales stands
- search engine optimization/search engine optimization
- secretarial services
- shop window dressing
- shorthand
- sponsorship search
- arranging subscriptions to telecommunication services for others
- systemization of information into computer databases
- tax filing services
- tax preparation
- telemarketing services
- telephone answering for unavailable subscribers
- television advertising
- transcription of communications [office functions]
- typing
- updating and maintenance of data in computer databases
- updating of advertising material
- rental of vending machines
- website traffic optimization/website traffic optimization
- word processing
- writing of curriculum vitae for others/writing of résumés for others
- writing of publicity texts
Sure, let’s simplify this:
Examples of Trademark Class 35
Let’s look at some well-known examples to better understand what falls under Trademark Class 35:
Deloitte: You’ve probably heard of this big company. They offer all sorts of business management and consulting services worldwide. Deloitte is their official trademark; you’ll find it in many countries, including India.
Ogilvy and Mather: Based in New York, this company specializes in media research, consulting, and advertising. They’ve created some famous marketing campaigns. Ogilvy and Mather is their registered trademark, known internationally.
DMart: If you’re in India, you might be familiar with this one-stop supermarket chain. They offer various household and personal products in physical stores and online. DMart is a registered trademark of Avenue Supermarts Limited.
Amazon: No doubt, you’ve shopped here. Amazon provides services for buying and selling goods online. They started as an e-commerce platform but have expanded into cloud computing, digital streaming, and artificial intelligence. Amazon is their registered trademark; you’ll find it in various countries, like the US, UK, and India.
How to Register a Class 35 Trademark?
- Check for Similar Trademarks: First, ensure your trademark idea is unique. You can search the USPTO Trademark Electronic Search System (TESS) database. Also, keep an eye on the USPTO Official Gazette for new trademarks.
- File Your Trademark Application: To officially register your trademark, submit an application through the USPTO Trademark Electronic Application System (TEAS). You’ll need to pay the required fee. Your application should include:
- Basis for Application: Choose “use in commerce” if you already use the trademark for your services. If you plan to use it soon, select “intent to use.”
- Specify the Class: Check Class 35 as your primary class. If your services also relate to classes like Class 36 (Insurance and Finance Services) or Class 39 (Shipping and Travel Services), mention those too.
- Describe Your Services: Use one of the preexisting descriptions for your services. There are over 1,500 options to choose from.
- Provide a Sample: Include an example of how your trademark will be used. For Class 35, this could be copies of advertising materials, business cards, an audio file, or a screenshot of a website. Note that certain documents, like news releases or invoices, won’t be accepted for this category.
- Applicant Information: List your name and mailing address. If you’re applying on behalf of a company, include the business name.
- Declaration: Sign to confirm that all the information in your application is accurate and truthful.
These steps will help you get started with the process of registering your trademark in Class 35.
Which Trademark Classes Go Along with Trademark Class 35?
Trademark Class 35 covers many business-related services, but it doesn’t protect goods and might not cover all the services you offer. So, when you apply for a trademark, you need to be specific about the classes you want protection in. Your trademark will only be safeguarded in the classes you list in your application.
If your business involves products, advertising, and services, you should also include the relevant trademark class for those products. Here are some coordinating product classes:
Class 9: This one is for electronics and scientific devices. If your business sells electronics or computer software, you’ll want to include this class.
Class 25: If your business sells clothing, including shoes and hats, you must add Class 25.
Now, if your business offers services beyond what’s covered in Class 35, consider these coordinating service classes:
Class 36: This is for finance and insurance services, typically offered by banks, credit unions, and insurance companies.
Class 41: If your business involves education and entertainment services like human or animal training, art exhibitions, sports, or cultural activities, you’ll want to include Class 41.
Class 45: This class covers legal and security services, including various legal services and emergency and licensing services.
So, when registering a trademark, it’s important to consider all the services and products your business offers and select the appropriate classes to ensure comprehensive protection.
Why is Trademark Class 35 important?
Certainly, here are the reasons why Trademark Class 35:
Legal Protection: Class 35 is vital for businesses providing advertising, marketing, and business management services. Registering a trademark in this class offers legal protection against competitors using a similar name, logo, or slogan. This protection prevents others from using your brand identity to sell similar products or services, safeguarding your revenue and reputation.
Versatile Coverage: Class 35 is one of the most widely used trademark classes because it covers various essential services related to business management, marketing, and advertising. These benefit businesses of all sizes, from startups to large corporations.
Exclusive Rights: Registering a trademark under Class 35 grants exclusive rights to the trademark owner. They can stop others from using a similar mark that could confuse customers. This protection helps prevent revenue and reputation loss caused by others using a similar mark for similar products or services.
Brand Recognition: Trademarks in Class 35 help build brand recognition and credibility. A strong trademark helps customers identify and trust a business’s products or services, ultimately increasing sales and revenue.
Correct Classification: It’s crucial to ensure that the services offered match those covered by Trademark Class 35 before registering a trademark. Using the wrong class can lead to application rejection, requiring reapplication in the correct class.
Trademark Application: To register a trademark in Class 35, businesses must apply to the relevant trademark office. This application should include the trademark’s name, logo, or slogan, along with a description of the services it covers. Meeting all requirements and paying the necessary fees are essential for a successful application.
Conclusion
Trademark Class 35 is crucial for businesses offering advertising, marketing, and business management services. When a business registers its trademark under this class 35, it gains protection for its brand identity, preventing others from using a similar mark to sell similar products or services. This safeguards the business’s unique identity and helps build brand recognition and credibility among customers, potentially leading to increased trust and sales. Contact Kanakkupillai for trademark registration in India to ensure that the application is filed correctly and complies with all the requirements of the relevant trademark office. This extra step can be instrumental in securing and preserving the integrity of a business’s brand.
