Trademark Class 35: Advertising, Business Management and Retail
Advertising; business management, organisation and administration; office functions; and — critically — the retail/business-facilitation side of physical and online sales, including online marketplace services (provision of an online marketplace for buyers and sellers of goods and services).
What Class 35 covers in practice.
Class 35 protects brands used for services that help other businesses run, sell and promote themselves. In practice that means advertising and marketing (including search engine optimization for sales promotion and pay per click advertising), business management and consultancy, office functions such as payroll preparation, invoicing and data processing, and retail or wholesale services in which goods are brought together so customers can conveniently view and buy them, whether in a shop, through a catalogue or on a website or online marketplace.
The explanatory note draws three useful lines. First, the sale of goods is not itself a service, so a product brand is protected in the goods class and Class 35 is added for the store, website or marketplace. Second, money matters move out: financial analysis, real estate management and stock brokerage are Class 36. Third, transportation logistics is Class 39 and graphic design of promotional materials is Class 42. Typical Indian filers include retail chains, e-commerce sellers, advertising and digital agencies, accounting and tax-filing practices, staffing firms, import-export agents and organisers of trade expos.
Not in Class 35
Goods and services often confused with this class, and the class they actually belong to.
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Logo design and graphic design of promotional material Class 42 ↗
Logo design services and graphic design of promotional materials are listed in Class 42, and the Class 35 note expressly excludes the latter even when it is done for an advertising campaign.
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Transportation logistics and freight management Class 39 ↗
The Class 35 note lists transportation logistics as an exclusion and sends it to Class 39 with other transport services.
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Financial advice, financial analysis and financial management Class 36 ↗
Financial services, for example financial analysis and financial management, are excluded from Class 35 and classified in Class 36.
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Real estate and property management Class 36 ↗
Real estate management is named in the Class 35 exclusions and belongs with other real estate services in Class 36.
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Licensing of trademarks, copyright or other IP Class 45 ↗
Licensing of intellectual property, legal administration of licences and copyright management are excluded from Class 35 and sit in Class 45; Class 35 keeps only the commercial administration of licensing.
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Domain name registration Class 45 ↗
Registration of domain names is specifically excluded from Class 35 and listed in Class 45.
What actually falls under Class 35.
The official heading is a legal category, not a shopping list — here are specific products and services from Class 35 people actually search for.
Accounting / bookkeeping services
Advertising / marketing agency services
Auctioneering services
Billboard and hoarding space rental
Billing / invoicing services
Business consultancy
Business management assistance for franchisees
Licensing the franchise trademark as a legal service is Class 45; commercial administration of licensing is Class 35.
Business management of performing artists
Call centre services
Data processing services (business)
E-commerce / online marketplace platform
The retail/business-facilitation side of an e-commerce platform is Class 35. If you also offer the platform technology as online non-downloadable software or platform as a service (PaaS), add Class 42; a downloadable app is Class 9.
HR / recruitment services
Import-export agency services
Acting as an import-export agent for others is Class 35. Goods you buy and sell under your own brand are protected in their goods classes.
Lead generation services
Market research services
Online restaurant take-out ordering services
The online ordering service is Class 35. Physically delivering the order is delivery of goods in Class 39, and preparing the food is restaurant services in Class 43.
Organisation of trade fairs and exhibitions
Only exhibitions for commercial or advertising purposes are Class 35. Exhibitions for cultural or educational purposes are Class 41.
Payroll preparation services
Price comparison services
Procurement services for other businesses
Public relations services
Retail store / showroom services
SEO / digital marketing services
Tax preparation and filing services
Preparing and filing returns, such as Goods and Services Tax (GST) or income tax returns, is Class 35. Financial advice relating to tax is listed in Class 36.
Wholesale services
Bringing goods together for trade buyers is Class 35. Physically transporting or delivering goods is Class 39.
Which class is my product or service in?
Straight answers for the specific items people search for under Class 35.
Under the Nice system the sale of goods is not itself a service, so the brand on your products is protected first in the goods class, for example Class 25 for sarees or Class 3 for non-medicated soaps (medicated soaps are Class 5). Class 35 covers the retail side: bringing goods together so customers can view and buy them through a shop, website or marketplace. If the same name is also your store or website brand, sellers commonly file the goods class and Class 35 together.
Class 35. The explanatory note places tax preparation and filing services, book-keeping, drawing up statements of accounts and business and financial auditing in Class 35 as business administration. Class 36 is for financial services such as financial advice relating to tax, financial management and investment. A practice that both files returns and gives financial or investment advice may need both classes.
Development of advertising concepts, writing and publication of publicity texts, layout services for advertising purposes and running campaigns are Class 35. Logo design services and graphic design of promotional materials are Class 42, and the Class 35 note expressly excludes the latter. A creative agency that both plans campaigns and produces the artwork usually needs both classes.
Usually both. The brand customers see at each outlet is used for that outlet's own services or goods, for example restaurant services in Class 43 or coaching in Class 41, so that class protects it at the counter. Class 35 covers the franchisor's business-support side, such as business management assistance and commercial administration of the licensing of the goods and services of others. Licensing of intellectual property as a legal service is Class 45.
It depends on the purpose of the events. Arranging and conducting of commercial events, organisation of trade fairs and exhibitions for commercial or advertising purposes are Class 35. Exhibitions for cultural or educational purposes, conferences (including business conferences), seminars, concerts and party planning are Class 41, while planning and arranging of wedding ceremonies is Class 45. An event company handling trade expos as well as weddings or concerts may need more than one of these classes.
Advertising; business management, organisation and administration; office functions; and — critically — the retail/business-facilitation side of physical and online sales, including online marketplace services (provision of an online marketplace for buyers and sellers of goods and services).
Common examples include: Accounting / bookkeeping services, Advertising / marketing agency services, Auctioneering services, Billboard and hoarding space rental, Billing / invoicing services, Business consultancy, Business management assistance for franchisees, Business management of performing artists.
Retail store / showroom services falls under Trademark Class 35 — Advertising, Business Management and Retail.
E-commerce / online marketplace platform falls under Trademark Class 35 — Advertising, Business Management and Retail. The retail/business-facilitation side of an e-commerce platform is Class 35. If you also offer the platform technology as online non-downloadable software or platform as a service (PaaS), add Class 42; a downloadable app is Class 9.
Advertising / marketing agency services falls under Trademark Class 35 — Advertising, Business Management and Retail.
Business consultancy falls under Trademark Class 35 — Advertising, Business Management and Retail.
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