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Before you proceed to register a trademark, you must be aware of the different classes under which trademarks have been classified. As per international standards, trademarks have been classified into 45 classes, wherein classes 1-34 are for goods, and 35-45 are for services. This article consists of everything that you must know about trademark class 35.
As per the NICE classification of products and services, the trademark is classified into 45 classes. The classification differs on the basis of the nature of the services and goods being trademarked. It is an international classification that was established under the Nice Agreement.
You must do a thorough trademark search and make sure you choose the right class to avoid any similarity with another trademark. If the business deals in various products/services, the applicant can apply for a trademark under various classes.
Trademark class 35 includes advertising and business-related services, business administration, business management, general office functions, and consulting services. This class consists of the services provided by an organization or a person with the intent of managing a commercial undertaking and managing the commercial functions of industrial enterprises.
| S. No | Class | Description |
|---|---|---|
| 1. | Class 1 | Chemicals for photography, industry, resins, adhesives, forestry, and tanners. |
| 2. | Class 2 | lacquers, printing, paintings, coals & pigmentation, mordants, and art, etc. |
| 3 | Class 3 | Laundry products, cosmetics, cleaning products, bleach and abrasives, essential oils, etc. |
| 4. | Class 4 | Fuels, wetting and binding solutions, illuminates, greases, wicks, industrial oil, etc. |
| 5. | Class 5 | Pharmaceuticals, herbicides, fungicides, disinfectants, veterinary products, dental wax, dietetics, etc. |
| 6. | Class 6 | Metal castings, building material (metal), locks, and safes, common metal, and alloys, metals except those included in other classes. |
| 7. | Class 7 | Machine parts and machine, incubators for eggs. |
| 8. | Class 8 | Hand tools and implements, razors, and cutlery, etc. |
| 9. | Class 9 | Teaching apparatus, cash registers, magnetic data carriers, data processing equipment, calculating machines, etc. |
| 10. | Class 10 | Surgical, medical and dental equipment, artificial limbs, eyes, teeth, etc. |
| 11. | Class 11 | Refrigerating, apparatus for heating, cooking, steam generating, lighting, dying, etc. |
| 12. | Class 12 | Equipment for movement/transport by land, air, and water. |
| 13. | Class 13 | Firearms, fireworks, ammunition, explosives, etc. |
| 14. | Class 14 | Precious metal and alloys, products in precious metals, jewelry, etc. |
| 15. | Class 15 | Musical instruments, etc. |
| 16. | Class 16 | Playing cards, paper, cardboard, bookbinding, printing blocks, paint brushes, print matter, etc.> |
| 17. | Class 17 | Gum, mica, rubber, asbestos, and goods from these products not included in other classes. |
| 18. | Class 18 | Leather and its imitations, animal skins, and hides, and articles produced from these products that are not present in other classes. |
| 19. | Class 19 | Non–metallic pipes for buildings, asphalt, and bitumen, pitch, etc. |
| 20. | Class 20 | Furniture of wood, Picture frames, cork, cane, mirrors, reed, and those not present in other classes. |
| 21. | Class 21 | kitchen utensils, cleaning articles, brush-making material, etc |
| 22. | Class 22 | Sails, ropes, nets, sacks and bags, and fiber textile materials. |
| 23. | Class 23 | Yams for textile uses and
threads. |
| 24. | Class 24 | Textile and textile goods |
| 25. | Class 25 | Clothing, footwear, and headgear |
| 26. | Class 26 and 27 | Linoleum, rugs, non-textile carpet, wall hangings, and other materials that are used for covering floors. |
| 27. | Class 28 | Game and playthings, Christmas decorations, and other sports material. |
| 28. | Class 29 | Jams, oils, poultry items, edible oil, eggs, etc. |
| 29. | Class 30 | Tapioca, sugar, coffee, cocoa, spices, tea, rice, etc. |
| 30. | Class 31 | Seeds, malt, fresh fruits, vegetables, etc. Agriculture, horticulture, and forestry grains. |
| 31. | Class 32 | Beer, non-alcoholic drinks, aerated drinks, including fruit drinks. |
| 32. | Class 33 | All alcoholic beverages (except beer) |
| 33. | Class 34 | Smoker’s articles, matches, and
tobacco |
| S. No | Classes | Description |
|---|---|---|
| 1. | Class 35 | Includes business and advertising services that help the management manage the organizational affairs. It also includes activities where a general public announcement is made or concerned with any goods and services. |
| 2. | Class 36 | Includes activities relating to finance, insurance, or the monetary sector. |
| 3. | class 37 | It includes the services of subcontractors and contractors involved in repairing and building structures or in restoring such structures. |
| 4. | Class 38 | Services supporting oral or visual communication are included. |
| 5. | Class 39 | Service of storing goods in a warehouse or transportation of these goods by water, air and land. |
| 6. | Class 40 | Service for changing a substance's chemical/mechanical composition. Also includes services not included in other classes. |
| 7. | Class 41 | Service for improving mental capacity and knowledge of any animal or individual and entertainment-related services. |
| 8. | Class 42 | Services related to technology & science, computer hardware development, and legal services. Engineering and medical services or other services. |
| 9. | Class 43 | Service for preparing food for consumption, temporary accommodation, or a bed. Including reservation services or houses for animals and reservation-related services. It excludes services listed under classes 36, 39, 40, 41, and 44. |
| 10. | Class 44 | Services for maintaining animal and human health, medical care, first aid including hygiene, and cosmetic services. Includes services in agriculture and horticulture except those already classified under classes 37, 39, 40, 41, 42, and 43. It also includes medical, artificial insemination, plants, etc. |
| 11. | Class 45 | Includes any personal or social service. Services include matrimony, funerals, etc. Services listed under classes 35, 36, 39, 41, 42, and 44 or car rentals are not included. |
Given below is the list of the types of goods and services classified under class 35 of the Trademarks Act, 1999. If you want to register a trademark for any of the below-mentioned services, you have to apply for a trademark under class 35.
The following good and services are not included in trademark class 35 -
If you are still finding it difficult to select the right class for your product, tax2win’s eCA service will help you ensure hassle-free trademark registration and ITR filing. Don’t worry, and Book an eCA today!
Sale of the lamp shade, gift articles, tea, chocolate, perfume, jewelry, retail gift shops, paintings, dry fruits, aromatic items, and packed food items fall under class 35 of the trademark.
TM can be used beside the trademark even when the trademark has not been registered. However, it does not provide legal protection to the trademark. It just acts as a warning signal for the competitors and prevents them from copying it.
A trademark expires within 10 years from the date of registration, as mentioned in the Trademarks Act of 1999.
