Advertising, Business Management
Class 35 is one of 45 international classes used by the United States Patent and Trademark Office (USPTO). There are 45 international classes recognized by the USPTO, each designating a specific type of product or service.
Why Are Trademark Classes Important?
In addition to protecting intellectual property, trademarks protect:
A trademark gives you exclusive rights to use that mark in your business.
There are some services for which your trademark cannot be used, however. As stated on your trademark application, your trademark protection applies only to the services you listed.
Your business or services will require you to choose one or more trademark classes when you submit a trademark application. It is best to only select classes that apply to the services you offer, known as “use in commerce,” or the services you intend to offer, known as “intent to use.” This makes it clear to the USPTO and the general public how and when the trademark applies.
A standard set of categories of goods and services has been used by the USPTO since September 1, 1973. Other nations use these standard categories as well. According to the Nice Agreement, this is what needs to be done. International Trademark Classification System is also known as Nice Classification (NCL). In this system, there are 45 broad categories, 34 of which are goods, and 11 of which are services. Get to know more about trademark class search.
What Does Trademark Class 35 Include?
Among the services included in Trademark Class 35 are a variety of business and professional services. Commercial and industrial enterprises typically use these services to run, manage, or advertise themselves.
All of the following services fall into Class 35:
Advertising, marketing and promotional services, advertising, advertising agencies, outdoor advertising, layout services for advertising purposes, marketing, modeling for advertising or sales promotion, online advertising on a computer network, production of advertising films, publication of publicity texts, publicity columns preparation, publicity material rental, radio commercials, sales promotion for others, sponsorship search, telemarketing services, television commercials, updating of advertising material, writing of publicity texts.
Public relations services, public relations.
Service of product demonstrations and product displays, presentation of goods on communication media, for retail purposes, shop window dressings.
Services related to trade shows and exhibitions, fashion shows for promotional purposes, exhibitions for commercial or advertising purposes, trade fairs for commercial or advertising purposes, loyalty, incentive and bonus programs.
Space, time, and media rental, advertising space rental, advertising time rental.
Advertising by mail order, direct mail advertising, distribution of advertising materials, distribution of samples.
Advertising, 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, commercial administration of the licensing of the goods and services of others, import-export agencies, price comparison services, procurement services for others.
Services related to pharmaceuticals, veterinary preparations, and medical supplies sold at retail or wholesale.
Auctioneering services, auctioneering.
Rental of vending machines, rental of vending machines.
Business 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, relocation services for businesses, telephone answering for unavailable subscribers.
Accountancy, bookkeeping and auditing, accounting, business auditing, drawing up of statements of accounts, tax preparation.
The collection and compilation of information into computer databases, the search for information in computer files for others, computerized file management, and the systemization of information into computer databases are some of the administrative data processing activities.
Management and recruitment of human resources, employment agencies, personnel recruitment, personnel management consulting, psychological testing.
Document reproduction, invoicing, payroll preparation, photocopying, secretarial services, shorthand, transcription, typing, word processing.
Advisory services for business management, management and organization consultancy, business organization consultancy, professional business consultancy, management advice.
Rental of office machines, office machines and equipment rental, rental of photocopying machines.
Research and information services, business information, business appraisals, business investigations, business research, commercial information agencies, cost price analysis, economic forecasting, news clipping.
A marketing research study, a marketing study, or an opinion poll is a market research study.
Compilation of statistics, collection and systematization of business data.
New trademark applications are most commonly filed in class 35. In other words, your trademark may face competition or be scrutinized more closely.
What Is Trademark Infringement?
Infringement of a trademark occurs when someone uses a trademark that is similar to another person’s. There is a tendency to confuse the two marks in most trademark infringement cases. In such a case, the following factors are crucial:
Comparison of the Trademarks: Do the marks have a similar look, pronunciation, or meaning?
Comparison of the Services: Are the classes of goods or services similar?
Strength of the Trademarks: Fanciful and arbitrary trademarks are considered particularly strong. They are completely unique to the business that registered them. Lesser-known trademarks don’t carry as much weight.
Level of Confusion: Actual confusion, such as customers calling the wrong company for services, can strengthen an infringement case.
Selecting the correct trademark class will reduce your chances of being charged with infringement. Identification and prosecution of other parties who infringe on your mark are in your best interest.
The best way to choose between goods and services is to select a good category rather than a service category. Paper goods, for instance, are classified as Class 16. Online and print advertising, however, fall under Class 35.
Selecting the Wrong Trademark Class: The class you choose has to represent your service in its final version. The trademark class shouldn’t reflect the way you plan to market your service. Instead, it should represent the service itself.
Selecting too many trademark classes: When you apply for a trademark, the examiner will look for similar, preexisting marks. If you describe your trademark and service classes too broadly, you may infringe an existing mark. In such a case, your trademark application will be rejected by the examiner.
Selecting Too Few Trademark Classes: If your trademark doesn’t completely represent the way you plan to use it, you could encounter serious legal issues later. If another party registers a similar trademark in another related service class, you may infringe that trademark.