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Trademark class 35 — Advertising, retail and business services

The class founders underestimate. It covers advertising and marketing, running or administering a business for somebody, office functions — and retail: the service of bringing goods together so that other people can buy them. If your name is the name of a shop, a website or a marketplace, this is the class that covers that half of it.

Below: what the class covers, 7 kinds of business that file here, 5 things that get filed here by mistake and where each actually belongs, the 4 classes usually filed alongside class 35, and all 45 classes in one table.

Class 35 Services 1 of 11 services classes Business and trade services

What class 35 covers

Our own scope summary — see the note below for why this one is not a quotation.

Class 35 — scope, in our words

Advertising; business management, organisation and administration; office functions.

This is not a quotation. The official wording of the class 35 heading was materially reworded between recent editions and we could not verify which text is current, so rather than present a sentence of ours as WIPO's we have written the scope plainly and labelled it as ours. Take the current heading from WIPO's own published list.

Who files in class 35

Concrete enough to recognise yourself in, or to rule yourself out. These are our judgements, not the Registry's.

Files here
  • A marketplace, aggregator or quick-commerce platform
  • A D2C brand's own store, where the name is the shop's name too
  • A digital marketing or advertising agency
  • A recruitment and staffing firm
  • A business or management consulting firm
  • An accounting, payroll and bookkeeping service
  • A franchise operator
Does not file here
  • The goods you actually sell — class 25 or class 30 or class 9
  • Financial, payment and lending services — class 36
  • The software platform the marketplace runs on — class 42
  • Delivering the parcel — class 39
  • Training courses run for businesses — class 41

What people file in class 35 by mistake

Each of these belongs in a class of its own, linked. Getting it wrong is not fatal, but it is slow and it is paid for twice.

Not in class 35Where it goes
The goods you actually sell class 25, class 30, class 9
Financial, payment and lending services class 36
The software platform the marketplace runs on class 42
Delivering the parcel class 39
Training courses run for businesses class 41

Goods or services — and which side class 35 is on

The first cut in the whole system, and the one that decides half of all misfilings.

Side
Services
Classes 35 to 45
Position
1 of 11
11 service classes in all
Neighbours
Classes 36

Classes 1 to 34 are goods — things somebody makes and somebody else owns afterwards. Classes 35 to 45 are services — things somebody does. Class 35 is on the services side, which means a registration here covers the service you perform and not the goods you sell while performing it. The moment the same name goes onto a product, a packet or a downloadable file, it needs a goods class as well.

Neighbouring numbers are not neighbouring businesses. The classification was assembled over decades and its order is historical, so class 35 sits beside class 36 for reasons that have nothing to do with what a modern company sells. Read down the table at the foot of this page rather than around a number.

Filing in class 35 protects class 35

The single most expensive misunderstanding in Indian trademark filing.

A trademark registration is a right in the classes named on it. Registering in class 35 gives you nothing in the other 44: the identical name remains available to somebody else in every class you did not file, and they can register it there. This is not a loophole — it is the design. The classification exists precisely so that the same word can belong to a shoe company and to a software company at once.

Read the other way it is the reassuring half. A mark already registered in a class unrelated to yours generally cannot stop you using the name in yours, which is why a search that comes back with hits is not automatically a dead end — what matters is whether the hits are in your class and near your goods. Well-known marks are the exception the system writes for itself, and whether a mark is well known is a finding the Registry makes, not something read off a list.

The practical consequence is that the classes you file describe the business you intend to be, not only the one you are. Extending into a class later means filing later — at that day's queue, and against whatever has been registered in the meantime by somebody who read this page sooner.

General information, not legal advice. This page explains how the classification system is organised. It is not advice about your filing: which class or classes a mark belongs in depends on the goods and services you actually supply, and the specification is drafted word by word, not chosen off a list. Have a trademark attorney confirm the classes and the wording before you file. We publish no filing fees anywhere on this site — they are set by the Registry and revised from time to time, and we have no verified source for them, so take them from the Registry's own schedule.

Classes usually filed with class 35

Why each one comes up. Our judgement, from the way these businesses are actually built.

ClassCoversWhy it comes up with class 35
Class 42 Software, IT and design services Every marketplace is a retail service in 35 sitting on a software platform in 42, and the two are separate rights.
Class 9 Software, electronics and instruments The downloadable app the customers shop on is a class 9 good.
Class 39 Transport, storage and travel If you also move the goods, that is transport and storage, class 39.
Class 36 Financial, insurance and property services Payments, wallets and credit inside the platform are class 36 financial services.

Classes that name class 35 as their companion

The rest of business and trade services

Classes that sit in the same part of the classification as class 35.

The name has to clear more than one register

A class is one queue. The address is another, and it is the one that goes on the packaging.

A registration in class 35 covers advertising, retail and business services on the register. It reserves no address, no handle and no listing — those are first-come queues run by people who have never heard of the Nice Classification.

A trademark class and a domain name have nothing to do with each other, and each is regularly mistaken for the other. Registering a domain creates no trademark right of any kind — the registrar sells you a rental on an address and makes no enquiry into who else uses the name. A trademark registration, equally, reserves nothing at any registry: the matching address can be bought by anyone while your application sits in the queue.

Which is why the practical order is to check both before printing anything. Across the 14 endings we price, the range runs from .xyz at ₹249 to .ai at ₹15,400. Five of them, and what each costs for a first year:

EndingFirst year
.in ₹699
.com ₹999
.org ₹999
.net ₹1,099
.dev ₹1,199

Indicative first-year prices from our own table, not a registrar quote, and not an availability answer — whether a particular name is free is a question only a live lookup can settle. Each ending has its own page with who it suits and how the check works.

Questions about class 35

What does trademark class 35 cover?

The class founders underestimate. It covers advertising and marketing, running or administering a business for somebody, office functions — and retail: the service of bringing goods together so that other people can buy them. If your name is the name of a shop, a website or a marketplace, this is the class that covers that half of it. We have written that scope ourselves rather than quote a heading we could not verify against the current edition.

Is class 35 a goods class or a services class?

Services. Classes 1 to 34 cover goods and classes 35 to 45 cover services, and class 35 is the 1st of the 11 services classes. The distinction matters more than it looks: the thing you sell and the service you perform around it are different classes even when they carry the same name, which is why a manufacturer that also runs a shop, or a studio that also sells a product, ends up on both sides of the line.

Does registering in class 35 protect my name in the other 44 classes?

No. A registration is a right in the classes it names and nowhere else, so a mark registered in class 35 leaves the same name available to somebody else in the remaining 44. The rule read the other way is the useful half: a mark somebody else holds in a class unrelated to yours generally cannot stop you, which is how identical names co-exist across unrelated industries. Well-known marks are the exception the system carves out for itself, and whether a mark is well known is decided by the Registry rather than by the class list.

Everybody tells me to file class 35. Why?

Because it covers retail — the service of bringing goods together for others to buy — and most modern businesses do retail whether or not they think of themselves that way. It is not a catch-all, though, and that is the half people get wrong: class 35 covers the shop, not the goods on its shelves.

Does class 35 protect my product?

No. Retail services in 35 and the goods in their own class are separate registrations. A brand registered only in 35 has protected the name of its store and left the name on its product open to anyone.

Is running ads for myself a class 35 service?

Class 35 covers advertising provided as a service to others. Marketing your own goods is not a service you supply to anybody, and it does not by itself put you in class 35 — selling other people's goods, or running a shop under the name, is what does.

Can this page tell me whether a name is already registered in class 35?

No, and no static page can. This file was built ahead of time and serves the same bytes to everyone, while applications and registrations move daily. The register is maintained by the Office of the Controller General of Patents, Designs and Trade Marks, and its public search is free to use — this page is for working out which class to search in, which is the question that has to be answered first.

All 45 classes

The whole classification, goods first. The same table appears on every class page, so whichever one you landed on carries the full picture.

ClassWhat it coversSide
Class 1 Industrial and agricultural chemicals Goods
Class 2 Paints, dyes and printing inks Goods
Class 3 Cosmetics, toiletries and cleaning preparations Goods
Class 4 Fuels, lubricants and candles Goods
Class 5 Pharmaceuticals and medical preparations Goods
Class 6 Common metals and metal hardware Goods
Class 7 Machines and power tools Goods
Class 8 Hand tools, cutlery and razors Goods
Class 9 Software, electronics and instruments Goods
Class 10 Medical and surgical devices Goods
Class 11 Lighting, heating and sanitary apparatus Goods
Class 12 Vehicles and their parts Goods
Class 13 Firearms, explosives and fireworks Goods
Class 14 Jewellery, precious metals and watches Goods
Class 15 Musical instruments Goods
Class 16 Paper, printed matter and stationery Goods
Class 17 Rubber, plastics and insulation Goods
Class 18 Leather goods, bags and luggage Goods
Class 19 Non-metal building materials Goods
Class 20 Furniture, mirrors and non-metal containers Goods
Class 21 Kitchenware, glassware and brushes Goods
Class 22 Ropes, tents, sacks and raw fibres Goods
Class 23 Yarns and threads Goods
Class 24 Fabrics and household linen Goods
Class 25 Clothing, footwear and headwear Goods
Class 26 Lace, buttons and hair accessories Goods
Class 27 Carpets, rugs and floor coverings Goods
Class 28 Toys, games and sporting goods Goods
Class 29 Meat, dairy and processed foods Goods
Class 30 Staples, spices, bakery and beverages as goods Goods
Class 31 Fresh produce, seeds and animal feed Goods
Class 32 Beers, water and soft drinks Goods
Class 33 Wines and spirits Goods
Class 34 Tobacco, vaporisers and smokers' articles Goods
Class 35 Advertising, retail and business services Services
Class 36 Financial, insurance and property services Services
Class 37 Construction, installation and repair Services
Class 38 Telecommunications Services
Class 39 Transport, storage and travel Services
Class 40 Manufacturing to order and material treatment Services
Class 41 Education, entertainment and events Services
Class 42 Software, IT and design services Services
Class 43 Restaurants, cafés and hotels Services
Class 44 Medical, beauty and agricultural services Services
Class 45 Legal, security and personal services Services

Check the name before you file in class 35

One search runs the domain endings, the social handles and the marketplace listings together, so you find out the name is gone before the specification is drafted rather than after.

Check a name

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