Trademark class 35
Class 35 covers advertising, business services and retail store services, including online stores. It is common for agencies and online retailers.
Class 35 covers advertising, business management and administration, and retail store services, including online stores. It suits businesses whose product is a service to other businesses, and shops that sell goods. The test is who the service is for: it has to be performed for others.
Two main uses
The first is the agency or consultancy: marketing studios, recruiters, business advisers. The agency name is the mark, and the description names the kind of service, for example marketing consultancy for small businesses.
The second is the retailer. A class 35 registration for retail store services protects the store name, such as a web shop that sells goods from several suppliers. It does not cover the products themselves, which belong in their own classes.
What does not belong here
Promoting your own goods is not a service for others. A clothing label advertising its own shirts files for the shirts, not for advertising.
| If you | Look at |
|---|---|
| Run a marketing agency for clients | Class 35 |
| Operate an online store selling other makers' products | Class 35 |
| Make and sell your own shirts | Class 25, plus 35 only if you want the store name covered |
| Teach business skills in a course | Class 41 |
| Provide hosted marketing software | Class 42 |
Dropshippers and curated stores
A store that curates and resells products from many suppliers has one asset of its own, the store name. Class 35 is the natural fit for it. The supplier brands on the shelves belong to other people, and naming them in your application gives you no rights in them. Marketplace sellers face a related issue, covered in Amazon Brand Registry and your trademark.
The wording problem
"Business services" is too vague for the USPTO, which wants specific wording such as online retail store services featuring a named type of goods. A vague description may be questioned, and a description outside pre-approved wording can cost more. We write it with you from how the business actually earns money.
Agency names built from common words
Names such as a place plus the word "marketing" or "consulting" are common in this class. The descriptive word is usually set aside, and the distinctive part carries the registration. The more generic your name, the weaker and narrower the protection. Choosing a more distinctive name before you file is often cheaper than arguing about a weak one afterwards.
What proof looks like
For retail store services, proof is typically a page of the store showing the mark and goods offered for sale. For an agency, it is a page that shows the name next to the services offered. If the site is not live yet, tell us, because the filing basis may differ.
Before you file
Agency and store names are often built from common words, which examiners may find descriptive. Run our free name search first, then read how to trademark a business name and the classes overview.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.