Trademark Class 35: Advertising and Business Management

Updated on December 28, 2024 12:55:31 PM

Business or start-ups that provide advertising, marketing, consulting, or retail services can register their brand under Trademark class 35 to protect their brand identity. Trademark Registration provides many exclusive rights to a brand owner and facilitates business expansion.

The article provides the complete information on TM class 35, including a comprehensive list of services, for those planning to start their careers in advertising or marketing.

TM-Devicemark[Sample]
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What is Trademark Class 35?

Trademark Class 35 includes services related to advertisement, consultant, retail, e-commerce or auctioneering.This Class mentioned only the business type, not any product category. Trademark Class 35 is the only Class which allows a business to do marketing.

Nice Classification Classified the broad categories of services under Classes 35 to 45. Trademark Class 35 is one of the most important Classes of them. In Trademark Class 35, the intention is mainly to describe services that will assist an industry or enterprise to operate or manage its commercial functions.

Examples of well-known brands registered under Trademark Class 35

Some examples of well-known brands given below that have secured their brand through the Registration under Trademark Class 35:

  1. Flipkart: retail services
  2. Paytm: e-commerce platform
  3. TATA Consultancy Services: Business management and administrative services
  4. Big Bazaar: Retailing, marketing and advertising
  5. MakeMy Trip: Online Ticketing, advertising
  6. Myntra: marketing, advertising and retailing

Comprehensive List of Items Covered under Trademark Class 35

Here is the comprehensive list of items given below that are covered under Trademark Class 35:

Category Items cover by Trademark Class 35
Advertising, Marketing and Promotional Services
  • 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
  • bill-posting / outdoor advertising
  • rental of billboards [advertising boards]
  • design of advertising materials
  • direct mail advertising
  • dissemination of advertising matter
  • distribution of samples
  • layout services for advertising purposes
  • marketing studies
  • marketing research
  • marketing
  • modelling for advertising or sales promotion
  • publication of publicity texts
  • publicity material rental
  • radio advertising
  • writing of curriculum vitae for others
  • writing of publicity texts
  • updating of advertising material
  • organization of trade fairs for commercial or advertising purposes
  • organization of exhibitions for commercial or advertising purposes
  • pay per click advertising
  • television advertising
  • organization of fashion shows for promotional purposes
  • sales promotion for others
Retail and Wholesale Services
  • presentation of goods on communication media, for retail purposes
  • retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
  • office machines and equipment rental*
  • Retail services relating to bakery products
  • Online retail services for downloadable digital music
  • Online retail services for downloadable ringtones
  • Presentation of goods on communication media, for retail purposes
  • Retail services for works of art provided by art galleries
  • Online retail services for downloadable and prerecorded music and movies
  • Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
  • Wholesale services for Pharmaceutical, veterinary and sanitary preparation and medical supplies
Business Management and Administration Services
  • administrative processing of purchase orders
  • book-keeping/accounting
  • providing business information via a web site
  • 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
  • tax filing services
  • tax preparation
  • outsourcing services [business assistance]
  • procurement services for others [purchasing goods and services for other businesses]
  • relocation services for businesse
  • outsourced administrative management for companies
  • payroll preparation
Auctioneering and Real Estate Services
  • Auctioneering
  • Invoicing
  • Real estate auctions
  • Real estate marketing
  • Real estate marketing analysis
  • Advertising of commercial or residential real estate
  • Arranging and conducting of real estate auctions

Common Mistakes during TM Registration under Trademark Class 35

During the TM Registration under Trademark Class 35, the applicant makes some common mistakes that increase the chances of rejection or objection. Some common mistakes such as

  1. Selecting a mark that has a lack of distinctiveness lead to the chances of being rejected. This mistake mainly creates some situations that cause confusion among consumers and also harm others goodwill.
  2. Failure to Conduct TM Search before the TM Registration, will make a high chance of objection raised during the Trademark examination process.
  3. Incorrect Classification of Classes during the Trademark Registration cause the situation of infringement. Therefore the applicant must be very careful regarding the Class in accordance with the nature of the services or product.

How Does Litem Legalis Help You?

Litem Legalies team of experienced professionals can assist you in registering a trademark fast and easily. We are dedicated to giving our clients the best possible service by keeping them updated throughout the entire TM Registration process. We make a great option because of our low rejection rate and TM registering experience.

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

The Core services of Trademark Class 35 are retail and wholesale of other products, advertising services and consulting in the field of business management or administrative services. During the Trademark Registration, the applicant must be registering the Trademark Class 35 including their main TM Class. Because only the Trademark Class 35 allow a business to do marketing. It also aids in advertising a business and making a highly reputed brand at the commercial level.

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Frequently Asked Questions (FAQs)

What is Trademark Class 35?

Trademark Class 35 includes services related to advertisement, consultant, retail, e-commerce or auctioneering.

Which documents are required for TM Registration?

The needed documents for an electronic Trademark are a logo, Nature of Goods & Service, Aadhar Card, GST, Signed Power of Attorney, Signed User Affidavit, MSME Certificate, and Start-up Certificate.

What are the fees for Trademark Registration?

The basic government fees for Trademark Registration are Rs. 4500 for the online Registration and Rs. 5000 for the offline mode. This fee will be increased according to the number of Classes selected by the applicants during the filing.

Is the e-commerce business falls under Trademark Class 35?

Yes, e-commerce business falls under the Trademark Class 35.

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