Trademark Class 35: Advertising; business management, organization and administration

Class 35 includes mainly 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.

This class includes, in particular

• 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 catalogues or by means of electronic media, for example, through websites or television shopping programmes
• 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 programmes
• 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, 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 consisting 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, telephone switchboard services

These look close to Class 35 but are classified elsewhere. Filing them here draws an objection, so pick the class named in brackets.

• financial services, for example, financial analysis, financial management, 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 licences, copyright management (Class 45)
• registration of domain names (Class 45)

Use these wordings in the specification of your application. Each carries its basic number in the Nice list. A description outside the list is allowed, but it must be specific enough for the Registry to classify.

The Trade Marks Registry classifies goods and services by the current edition of the Nice Classification (rule 20, Trade Marks Rules, 2017). One application in Form TM-A can cover Class 35 alone or several classes together; the fee is charged for each class.

• Search the mark in Class 35 and in the related classes before filing.
• Describe the services in the words of the list wherever they fit.
• File in every class you trade in; protection does not extend to a class you left out.