A Guide to Trade Mark Class 35
Emily Young
When applying for a trade mark for an asset of your business’ brand, you will need to nominate trade mark classes. Trade mark class 35 is one of the 45 different classes, outlined in the Nice trade mark classification system. Trade mark class 35 relates to services, primarily covering advertising, business management and business administration functions.
To help you better understand trade mark class 35 and trade mark classes more broadly, this article will provide a complete guide to trade mark class 35.
Trade Mark Classes
Trade marks are divided into 45 separate classes by the Nice classification system. This classification system is recognised in most countries around the world. As such, it separates trade marks into 34 categories of goods and 11 categories of services.
Therefore, when you apply for a trade mark, you will be required to nominate one or more trade mark classes. This is an important process that determines the scope of your trade mark protection. Importantly, once you have selected your trade mark classes, you will not be able to add more classes to your application. Hence, it is essential that you choose the right classes in the first instance.
Trade Mark Class 35
Class 35 is a service class that covers advertising and business services. Likewise, to better understand whether your services fit into trade mark class 35, refer to the table below.
| Advertising and marketing | Advertising and publicity services Outdoor advertisements Modelling for sales promotions Producing advertising materials Sales promotion Telemarketing services Television commercials Writing of publicity texts Rental of advertising space Advertising and promotional consultancy services Administration of commercial licensing Market studies and research |
| Public relations | Public relations services |
| Product demonstrations and trade shows | Demonstration of goods Presentation of services (for retail purposes) Organisation of exhibitions for commercial or advertising purposes (including fashion shows) Loyalty program services |
| Retail and wholesale services | Retail and wholesale services for medical and pharmaceutical supplies |
| Business and administrative services | Import-export agencies Auctioneering services Business analysis and information services (including economic forecasting and business appraisals) Business management assistance Outsourcing services (for business efficiency) Business relocation services |
| Clerical services | Invoicing Payroll preparation Transcription and word processing services Employment agencies and recruitment services Book keeping and accounting services Business auditing Tax preparation services |
| Rental of office machines | Office equipment rental (including photocopying machines) Vending machine rental |
Coordinated Classes
Class 35 covers most business and administrative services. However, if your business relates to any of the services mentioned above, consider exploring other trade mark classes. This is to ensure you get the most comprehensive trade mark protection. For example, classes that you can consider coordinated with class 35 include:
- insurance and finance services, class 36;
- construction and repair services, class 37;
- telecommunication services, class 38;
- shipping and travel services, class 39;
- science and technology services, class 42;
- medical and veterinary services, class 44; and
- legal and security services, class 45.
The above classes are considered coordinated. This is because trade marks registered under trade mark class 35 are often also registered in the above classes. Therefore, while you can apply for a trade mark under more than one class, it is important to note that you have to use your trade mark in each registered class. Otherwise, you risk losing your trade mark protection.
Key Takeaways
To obtain comprehensive trade mark protection for your goods or services, you must choose the most suitable trade mark classes. Indeed, trade mark class 35 may be appropriate for your business if your services are related to advertising and marketing, and public relations. Furthermore, if your product relates to product demonstrations and trade shows or retail and wholesale services class 35 may be appropriate. Finally, class 35 may also be appropriate if you want to trade mark retail and wholesale services, business and administrative services, clerical services or rental of office machines.
In conclusion, if you need help choosing the best trade mark class for your goods, or if you perhaps need more general trade mark assistance, our experienced IP lawyers can help. You can contact them on 1300 657 423.
Frequently Asked Questions
When applying for a trade mark, you will be required to nominate one or more trade mark classes. Indeed, this is an important process that will determine the scope of your trade mark protection. This is because once you have selected your trade mark classes, you will not be able to add more classes to your application. Therefore, it is essential that you choose the right classes in the first instance.
Trade mark class 35 is a trade mark class primarily relating to services for advertising and business management. Therefore, trade mark class 35 may be relevant to your trade mark if your business provides services relating to advertising and marketing, public relations, product demonstrations and trade shows, business and administrative services, clerical services, or the rental of office machines.