Class 35 includes
services for advertising; business management; business administration; office
functions. It includes mainly services rendered by persons or organizations
principally with the object of: (1) help in the working or management of a
commercial undertaking, or (2) help in the management of the business affairs
or commercial functions of an industrial or commercial enterprise, as well as
services rendered by advertising establishments primarily undertaking
communications to the public, declarations or announcements by all means of
diffusion and concerning all kinds of goods or services.
In particular, Class 35 includes:
- the bringing together, for the benefit of
others, of a variety of goods (excluding the transport thereof), enabling
customers to conveniently view and purchase those goods; such services may be
provided by retail stores, wholesale outlets, through mail order catalogues or
by means of electronic media, for example, through web sites or television
- services consisting of the registration,
transcription, composition, compilation or systematization of written
communications and registrations, and also the compilation of mathematical or
- services of advertising agencies and services
such as the distribution of prospectuses, directly or through the post, or the
distribution of samples. This Class may refer to advertising in connection with
other services, such as those concerning bank loans or advertising by radio.
For a complete listing of all goods in Class 35, see below.
trademarks in Class 35 include:
PERFECT POINT MARKETING (advertising consultancy), AIRBNB
(online business directories), LINKTECH (online advertising).
If you are not sure whether you should register in Class 35,
you might also consider the following “coordinated” classes: Class 36 -
Insurance and Finance Services, Class 37 -
Construction and Repair Services, Class 38 -
Telecommunications Services, Class 39 -
Shipping and Travel Services, Class 40 -
Material Treatment Services, Class 41 -
Education and Entertainment Services, Class 42 -
Science and Technology Services, Class 43 -
Food Services, Class 44 -
Medical and Vet Services, Class 45 -
Legal and Security Services. A coordinated class is one that is
related to another class, usually because the USPTO has determined that
applicants filing within Class 35 often file in the coordinated classes, too.
Why use the class
system? Trademark registration is based on a class system. For each class
of goods or services that you register, you must pay a separate registration
fee. So if you apply for a trademark for posters (Class
16) and shirts (Class
25), you must pay two fees. You must indicate the correct class at the time
you are registering a trademark. If you list the incorrect class, you must
start the application process over. Your registrations are restricted to those
classes that encompass the goods or services you are already offering (as shown
by the specimens you submit) or that you plan to offer (if you are registering
on an intent-to-use basis). You may also need information about the class
number in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 35
A specimen for service must show use of the mark in a manner
that would be perceived by potential purchasers as identifying the applicant's
services and indicating their source. Where the mark is used in advertising the
services, the specimen must show an association between the mark and the
services for which registration is sought. A
specimen that shows only the mark, with no reference to the services, does not
show service mark usage.
When you are offering a service, you have no product to
which you can affix a label. Acceptable specimens for services include a
variety of materials that can’t be used for product marks. This includes
scanned copies of advertising and marketing materials, such as newspaper and
magazine ads, brochures, billboards, direct mail pieces, and menus (for restaurants).
and business cards showing the mark may be used if the services are plainly
reflected on them, because the name or symbol being claimed as a mark would, in
that context, be used to identify the services provided—that is, as a mark
rather than as a trade name. A letter on stationery will even be accepted as a
specimen for a service mark if the mark appears and the services are described
in the letter.
cases of services rendered over the Internet, a screen shot of the full web
page should be fine. If the mark is being prominently displayed on the home
page, so much the better.
The following are unacceptable
specimens for marks for Class 35 services:
- news releases or articles based on news
- documents showing trademark rather than service
mark usage (use of the mark in connection with goods rather than services),
- invoices and similar documents such as packing
- letterhead or business cards that bear only the
mark and a company name and address are not adequate specimens (use of the mark
to identify a company, such as on letterhead). As discussed earlier, one
exception to this is if the letterhead or the text of the letter identifies the
services represented by the mark.
Audio. Most marks
appear in writing somewhere. If your mark represents a service, and it appears
only on radio ads or in some other audio form, you may submit a sound file of
For More Information on Trademarks and Federal Registration
See Nolo’s Trademark
Center or consider Nolo’s
Online Trademark Application
Complete Listing of All Goods in Class 35 Based on Taxonomy
marketing and promotional services, advertising/publicity, advertising
agencies/publicity agencies, bill-posting/outdoor advertising, layout services
for advertising purposes, marketing, modelling for advertising or sales
promotion, on-line advertising on a computer network, production of advertising
films, publication of publicity texts, publicity columns preparation, publicity
material rental, radio advertising/radio commercials, sales promotion for
others, sponsorship search, telemarketing services, television
advertising/television commercials, updating of advertising material, writing
of publicity texts.
relations services, public relations.
demonstrations and product display services, demonstration of goods,
presentation of goods on communication media, for retail purposes, shop window
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.
of advertising space, time and media, rental of advertising space, rental
of advertising time on communication media.
of advertising, marketing and promotional material, advertising by mail
order, direct mail advertising, dissemination of advertising matter,
distribution of samples.
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 [consumer advice shop], commercial
administration of the licensing of the goods and services of others,
import-export agencies, price comparison services, procurement services for
others [purchasing goods and services for other businesses].
and wholesale services, retail or wholesale services for pharmaceutical,
veterinary and sanitary preparations and medical supplies.
- Rental of
vending machines, rental of vending machines.
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 [business assistance], relocation services for
businesses, telephone answering for unavailable subscribers.
book keeping and auditing, book-keeping/accounting, business auditing,
drawing up of statements of accounts, tax preparation.
data processing, compilation of information into computer databases, data
search in computer files for others, computerized file management,
systemization of information into computer databases.
resources management and recruitment services, employment agencies,
personnel recruitment, personnel management consultancy, psychological testing
for the selection of personnel.
services, document reproduction, invoicing, payroll preparation,
photocopying services, secretarial services, shorthand, transcription, typing,
consultancy and advisory services, business management consultancy,
business management and organization consultancy, business organization
consultancy, professional business consultancy, advisory services for business
- Rental of
office machines, office machines and equipment rental, rental of
analysis, research and information services, business information, business
appraisals, business investigations, business research, commercial information
agencies, cost price analysis, economic forecasting, news clipping services.
research, marketing research, marketing studies, opinion polling.
and systematization of business data, compilation of statistics.