Trademark Class 35 – Advertising, Retail, and Business Services

Class 35 provides a broad range of business services including advertising and marketing services, business consultation, and retail store services.

Trademark Classes Background

One of the main requirements of the trademark application process is for trademark owners to identify what goods and/or services are used in connection with. For example, Uber must identify they use their famous UBER trademark in connection with rideshare services.

The international trademark community, through the Nice Agreement, broke down all goods and services into forty-five different trademark classes. The majority of modern countries follow the forty-five trademark class system.

The United States Patent and Trademark Office’s (USPTO) Trademark identification Manual, which can be found online here, is the best way for trademark applicants to view what trademark class their goods or services fall under.

Trademark applicants can apply for trademark applications in one class or multiple classes. However, it is important to keep in mind there is an additional USPTO fee for each class of goods or services applied for in the trademark application.

One last note, incorrectly identifying what class goods or services fall under in a trademark application can lead to an Office Action from the Examining Attorney. The Office Action will delay the trademark application and can also be the reason the trademark application will never succeed to registration.

Trademark Class 35 – Advertising & Marketing Services, Business Consultation Services, and Retail Store Services

Trademark Class 35 covers a large variety of services, mostly related to business, advertising, marketing, consulting, and retail (online and brick and mortar). The best way to tackle all of the different services that are categorized into Class 35 is to break them down into the following subcategories: advertising and marketing, trade show exhibitions, retail services,and  business assistance and consultation.

Advertising and Marketing: advertising for others; marketing; online, digital, radio, direct mail, email, and TV advertising; public relations; buying ad space in different mediums; marketing and advertising consultant; market research; opinion polling

Retail and Wholesale: brick and mortar retail stores; online retail stores; wholesale suppliers; mail order catalogue

Trade Shows and Auctions: organizing and promoting trade shows, exhibits and events; organizing and running auctions

Business Consulting and Assistance Services: accounting; business audit; tax preparation; human resources management; employment agencies; payroll accounting; business consultancy for management, advertising and marketing; business analysis

Class 35 Specimens & Example

For every trademark class applied for in a trademark application, the trademark owner must must submit a “specimen” that shows the trademark used in commerce in connection with the applied for goods or services. Many items work as an acceptable specimen. The trademark applicant only needs to take a picture of the specimen and submit it to the USPTO with the initial trademark application.

Acceptable specimens for Trademark Class 35 generally are a promotional materials or advertisements for the services offered by the company, such as a business card for an accounting firm or an ad in a newspaper for a marketing agency.

Where trademark applicants sometimes run into a specimen issue, especially in Class 35, is when they only show the trademark but do not show it in connection with the services being provided. For example, a flyer that only has the trademark on it will not be acceptable if it does not describe the services being offered. Whereas a pamphlet, with the trademark on it, that describes the services offered by the company would be an acceptable specimen.

Commonly acceptable specimens for Trademark Class 35, and most services, include advertising in newspapers and magazines, marketing on billboards, pamphlets and brochures, direct mail, images of signage in front of retail locations, business cards, and more.

In addition to traditional specimens, screenshots from the internet that show the trademark on the same page that describes the services would also be an acceptable trademark specimen. For example, if the header of the webpage shows the trademark and the webpage talks about the services offered, that would be an acceptable specimen.

This is an acceptable specimen for FIDELITY PAYROLL SERVICES in connection with payroll processing because it shows the mark in connection with the services provided

Related Trademark Classes

Class 36 – Insurance and Financial Services

Class 38 – Telecommunication Services

Do you have any questions about Class 35 or what trademark class your goods or services fall under? Contact us today for a Free Trademark Consultation and one of our attorneys will contact you within twenty-four hours.

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