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Trademark Class 35 in India: A Complete Guide to Advertising & Business Services

Updated on: 24 Sep, 2024 03:19 PM

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.

What is NICE Classification for Trademarks?">

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.


What is a Trademark Class 35?

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.


What are the Services Classified Under Class 35?

The list of the types of goods and services classified under class 35 of the Trademarks Act, 1999 is given below. If you want to register a trademark for any of the below-mentioned services, you have to apply for a trademark under class 35.

  • Advertising
  • Advertising by mail order
  • Auctioneering
  • Business management of reimbursement programmers for others
  • Business research
  • Business investigations
  • Business appraisals
  • Business Information
  • Business Inquiries
  • Business management assistance
  • Business management consultancy
  • Professional business consultancy
  • Business auditing
  • Commercial information agencies
  • Commercial intermediation services
  • Provision of commercial and business contact information
  • Commercial or industrial management assistance
  • Commercial administration of the licensing of the goods and services of others
  • Data search in computer files for others
  • Demonstration of goods
  • Design of advertising materials
  • Direct mail advertising
  • Employment agencies
  • Import-export agencies
  • Invoicing
  • Marketing studies
  • Marketing research
  • News clipping services
  • Arranging newspaper subscriptions for others
  • Office machines and equipment rental*
  • Opinion polling
  • Personnel management consultancy
  • Personnel recruitment
  • Relocation services for businesses
  • Secretarial services
  • Shop window dressing
  • shorthand
  • Tax filing services
  • Tax Preparation
  • Telemarketing services
  • Telephone answering for unavailable subscribers
  • Television advertising
  • Transcription of communications
  • Typing
  • Data maintenance and updation in computer databases
  • Updating of advertising material
  • Rental of vending machines
  • Word processing
  • Writing of publicity texts

Top 10 Examples of Class 35 Indian Trademarks

Trademark Class 35 in India covers services related to advertising, business management, and office functions. Here are ten examples of services that fall under this class:

  • Flipkart
  • D-Mart
  • Shoppers Stop
  • Myntra
  • Reliance Retail
  • Future Retail
  • Paytm Mall
  • Tata Cliq
  • Nykaa
  • Pepperfry

Goods and Services Not Covered in Class 35

The following goods and services are not included in trademark class 35 -

  • The activities undertaken by an enterprise that has the sale of goods as its core function or a commercial enterprise are not included in Trademark Class 35.
  • Evaluation services and reports of engineers that do not refer to the management of activities in a commercial enterprise.

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!


FAQ on Trademark Class 35

Q- Which trademark class does the gift shop belong to?

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.


Q- Can TM be used without registering?

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.


Q- When does a trademark expire?

A trademark expires within 10 years from the date of registration, as mentioned in the Trademarks Act of 1999.


CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.