Introduction to Trademark 35
Trademark Class 35 is a guide for businesses looking to grow their presence and reach more people. This class is all about empowering businesses, featuring a variety of services aimed at enhancing companies and brands. From advertising products and services to optimizing operations and enabling transactions, it acts as a central point where strategy, execution, and growth come together.
This class includes various services such as Advertising, Business, and Retail Services that support marketing strategies, enable commerce, and promote brand growth. It mainly includes services involving business management, operation, organization, and administration of a commercial or industrial enterprise, as well as advertising, marketing, and promotional services. For the purposes of classification, the sale of goods is not considered to be a service.
Let us discuss the products covered under Trademark Class 35 briefly:
a. Advertising and Promotional Services: This covers services that design and run advertising campaigns to boost brand visibility and connect with target audiences.
Example: Google is well-known for offering advertising services and business solutions through its various platforms.
b. Business Management and Consulting: This includes services that provide advice and expertise to improve business operations.
Example: Tata Consultancy Services (TCS) provides consulting services focused on business management, strategy, and technology solutions.
c. Retail and wholesale services: This covers services related to bringing together goods for sale, such as online shopping platforms and store management.
Example: DMart is a popular retail chain in India known for its hypermarkets. It offers a wide range of products, including groceries, apparel, home goods, and personal care items.
d. Office functions: This includes services that help with day-to-day office operations like data processing, filing, and secretarial services.
Example: Amazon Connect is designed to help businesses create and manage customer service contact centers with a focus on improving efficiency and customer experience.
e. Market Research and Analysis: It covers services that collect and analyze data to offer insights into market trends and consumer behavior.
Example: TNS offers market research and consulting services to understand consumer behavior and market dynamics.
Inclusions and Exclusions under Trademark Class 35
Trademark Class 35 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 35:
✔ The bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through vending machines, mail order catalogs or by means of electronic media, for example, through websites or television shopping programs.
✔ Advertising, marketing, and promotional services, for example, distribution of samples, development of advertising concepts, writing and publication of publicity texts.
✔ Shop window dressing
✔ Public relations services
✔ Production of teleshopping programs
✔ Organization of trade fairs and exhibitions for commercial or advertising purposes.
✔ Search engine optimization for sales promotion.
✔ Commercial assistance services, for example, personnel recruitment, negotiation of business contracts for others, cost price analysis, and import-export agency services.
✔ Administration services relating to business transactions and financial records, for example, book-keeping, drawing up of statements of accounts, business and financial auditing, business appraisals, tax preparation, and filing services.
✔ Commercial administration of the licensing of the goods and services of others.
✔ Services consist of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the compilation of mathematical or statistical data.
✔ Office functions, for example, appointment scheduling and reminder services, data search in computer files for others, computerized file management, and telephone switchboard services.
Specific Exclusions in Trademark Class 35:
✘ Financial services, for example, financial analysis, financial management, and financial sponsorship (Class 36).
✘ Real estate management (Class 36).
✘ Stock brokerage services (Class 36).
✘ Transportation logistics (Class 39).
✘ Energy auditing (Class 42).
✘ Graphic design of promotional materials (Class 42).
✘ Legal services in relation to the negotiation of contracts for others (Class 45).
✘ Licensing of intellectual property, legal administration of licenses, copyright management (Class 45).
✘ Registration of domain names (Class 45).
Steps involved in registering Trademark under Class 35
Initial Trademark Search for Trademark Class 35
Before starting with the registration process under Trademark Class 35, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 35. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 35
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 35
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 35
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for a trademark under Class 35. This certificate confirms your exclusive rights to the mark within Trademark Class 35.
Detailed List of goods classified under Trademark Class 35
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Conclusion on Trademark Class 35
Trademark Class 35 covers services related to business management, advertising, marketing, office functions, and retail and wholesale activities, including business operations, promotional strategies, and administrative support. As technology advances and business strategies change, proper classification and trademark protection under Class 35 is crucial for establishing brand recognition and credibility.
For businesses operating in advertising and business services, securing a trademark in Class 35 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to innovation, excellence, and customer engagement. To explore other trademark classes, refer to the ” Trademark Class List 1 to 45 ” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.
