BLUF: Trademark Class 35 is the USPTO service class for advertising, marketing, business management, business organization and administration, office functions, and qualifying retail and wholesale services. Class 35 generally protects services—not the physical products a business sells. Under the Nice Classification, the sale of goods itself is not considered a service for classification purposes.
Originally Published | Updated October 2026
By Michael E. Kondoudis, Trademark Attorney with 25+ years of Experience
USPTO-Registered·1,000+ Trademarks Searched and Filed·Bar: U.S. Supreme Court
Brief Summary
Trademark Class 35 covers services, not the physical products a business sells. The class includes advertising, marketing, business management, business administration, office functions, and qualifying retail and wholesale services. Under the Nice Classification, the sale of goods itself is not considered a service. An online retailer may therefore use Class 35 for its retail store services while also needing separate goods classes for the products sold under the trademark.
🔑 Key Takeaways: Trademark Class 35
Trademark Class 35 is a service class. It principally covers advertising, marketing, business management, business organization and administration, and office functions.
Retail and wholesale store services can fall in Class 35, including qualifying online retail store services.
The products sold by a business are not automatically covered by Class 35. Goods must be identified in their appropriate goods classes.
Simply selling your own products is not a separate Class 35 service. The USPTO does not accept “sales” as a classifiable service.
A clothing company, for example, may need Class 25 for clothing and potentially Class 35 for retail store services featuring clothing.
An online store does not automatically belong only in Class 35. The correct classes depend on both the products sold and any separately registrable services provided under the trademark.
Class 35 is different from Class 36 for financial services, Class 41 for education and entertainment services, and Class 42 for many technology and SaaS services.
The description of Class 35 services in a USPTO application should identify the actual services provided under the trademark, not merely describe the applicant’s general business.
For retail and wholesale services, the USPTO generally requires the identification to specify the nature of the retail activity and the types of goods featured.
The USPTO base application filing fee is currently $350 per class for qualifying applications under Sections 1 and 44. Additional fees may apply depending on how the application is prepared.
For an overview of the entire classification system, see our Complete Guide to All 45 USPTO Trademark Classes.
What Is a Trademark Class?
A trademark class is a standardized category used by the United States Patent and Trademark Office (USPTO) to classify the goods and services identified in a federal trademark application.
The United States uses the international Nice Classification, which divides goods and services into 45 international classes:
Classes 1–34 principally classify goods.
Classes 35–45 classify services.
Classification matters because a federal trademark registration does not protect a name, logo, or slogan in the abstract. The application must identify the particular goods or services with which the trademark is used or intended to be used.
The USPTO confirms that goods and services must be organized into the appropriate international classes, and the base filing fee is assessed on a per-class basis.
For a detailed explanation of the complete system, read our Ultimate Guide to USPTO Trademark Classes.
What Is USPTO Trademark Class 35?
Trademark Class 35 is the international service class for advertising; business management, organization and administration; and office functions.
The current Nice Classification heading for Class 35 is:
Advertising; business management, organization and administration; office functions.
The Class 35 explanatory note further identifies advertising, marketing, promotional services, and services involving the management, operation, organization, and administration of commercial or industrial enterprises as principal Class 35 activities.
Common Class 35 services include:
advertising services;
digital advertising;
marketing services;
marketing consulting;
public relations;
business management;
business administration;
business consulting;
business research;
office administration;
bookkeeping;
qualifying retail store services;
online retail store services;
wholesale store or distributorship services;
customer loyalty programs for commercial or promotional purposes;
sales promotion for others; and
organization of certain trade shows for commercial or advertising purposes.
The exact classification always depends on the actual service being provided, not merely the type of business providing it.
What Does Trademark Class 35 Cover?
Trademark Class 35 principally covers services provided in advertising, marketing, business management, business administration, commercial operations, and office functions.
It can also cover qualifying retail and wholesale services that bring together goods so customers can conveniently view and purchase them.
The important relationship is:
Class 35 → services → advertising / marketing / business operations / office functions / qualifying retail and wholesale services
Class 35 does not automatically cover every activity performed by a business simply because the activity has a commercial purpose.
The service itself must be properly classified.
What Services Are Included in Trademark Class 35?
Examples of services that may fall within Class 35 include:
Advertising and Marketing Services
Class 35 commonly covers:
advertising agency services;
internet advertising;
digital advertising;
social-media marketing;
marketing consulting;
direct marketing;
promotional marketing;
dissemination of advertising materials;
preparing advertising campaigns;
advertising analysis;
public relations; and
sales promotion for others.
Business Management and Consulting Services
Class 35 can also include services such as:
business management consulting;
business organization consulting;
business administration;
business strategy consulting;
business research;
business information services;
business-management analysis;
commercial-business management; and
certain business risk consulting services.
The classification depends on the nature of the consulting service. For example, legal consulting is not transformed into Class 35 merely because it is provided to businesses.
Office and Administrative Services
Potential Class 35 activities include:
office administration;
secretarial services;
bookkeeping;
document reproduction;
business records management;
data processing for business purposes; and
certain clerical and administrative support services.
Retail and Wholesale Services
Class 35 also includes qualifying:
retail store services;
online retail store services;
wholesale store services;
wholesale distributorship services;
mail-order retail services; and
certain computerized online ordering services.
Retail classification has special rules, however. Merely selling goods does not automatically create a Class 35 service.
What Does Trademark Class 35 NOT Cover?
Class 35 does not cover every commercial activity performed by a business.
Most importantly, Class 35 generally does not classify the physical products a company sells.
The current Nice Classification expressly states that the sale of goods itself is not considered a service for classification purposes.
Class 35 therefore does not automatically cover:
clothing sold by a clothing brand;
cosmetics sold by a cosmetics company;
food products sold by a food business;
downloadable software sold under a software brand;
manufactured products merely because they are offered for sale;
financial services;
educational services;
entertainment services; or
SaaS and many other technology services.
Those products or services may fall into other international classes.
Examples
| Business Activity | Typical Classification |
|---|---|
| Advertising agency services | Class 35 |
| Marketing consulting | Class 35 |
| Online retail store featuring clothing | Class 35 |
| T-shirts sold under a brand | Class 25 goods |
| Cosmetics sold under a brand | Appropriate cosmetics goods class |
| Investment-management services | Generally Class 36 |
| Educational courses | Generally Class 41 |
| SaaS technology services | Frequently Class 42, depending on the service |
Bottom line: Class 35 protects qualifying Class 35 services. It does not substitute for registering a trademark for the products that a business sells.
Who Needs Trademark Class 35?
Trademark Class 35 may be needed by businesses that use a trademark to identify advertising, marketing, business management, business administration, retail, wholesale, or other qualifying Class 35 services. A business does not need Class 35 merely because it operates a business or sells products.
Under the USPTO’s current Nice Classification, Class 35 principally covers advertising, marketing, business management and administration, office functions, and qualifying retail and wholesale services.
Businesses that may need Trademark Class 35 include:
Advertising and marketing agencies using a trademark for advertising, digital marketing, promotional, public-relations, or related services.
Business consultants and management firms providing qualifying business-management, business-organization, business-research, or business-administration services.
Retail stores using a trademark to identify retail store services featuring specified goods.
Online retailers and e-commerce businesses using a trademark for qualifying online retail store services. The USPTO generally requires the identification to describe both the retail activity and the goods featured. See TMEP § 1402.11(a)(vi) — Retail Services.
Wholesale businesses and distributors providing qualifying wholesale store or distributorship services.
Businesses providing administrative or office services that fall within the Class 35 service categories.
Does Every Business Need Class 35?
No. Class 35 is not a general trademark class for businesses. The correct trademark class depends on the particular goods or services identified by the trademark.
For example, a clothing brand that sells T-shirts under its trademark ordinarily looks to Class 25 for the clothing itself. If the same trademark also identifies qualifying retail store or online retail store services featuring clothing, Class 35 may also be appropriate.
The distinction is:
branded products → appropriate goods class
qualifying retail, advertising, marketing, or business services → potentially Class 35
The USPTO expressly states that, for classification purposes, the sale of goods itself is not considered a service. Therefore, simply selling your own products does not automatically mean you need a Class 35 trademark registration.
Businesses offering multiple goods or services may need Class 35 plus additional trademark classes. See our Complete Guide to All 45 USPTO Trademark Classes and the USPTO’s Goods and Services Classification Guidance for additional classification information.
When preparing a federal application, the appropriate question is not simply “What type of business do I operate?” It is:
What specific goods or services does this trademark identify?
That answer determines whether Trademark Class 35—and potentially other international classes—should be included in the application.
Does Selling Products Put a Business in Trademark Class 35?
Not by itself. Merely selling your own products does not automatically create a registrable Class 35 service.
USPTO guidance explains that “sales” cannot be listed as the primary activity in an identification of services because the sale of one’s own goods or services is not itself a registrable service. The Nice Classification likewise does not classify “sales” as a service.
This distinction is important.
Suppose a company sells T-shirts under the trademark EXAMPLE.
The T-shirts themselves would ordinarily be identified as goods in Class 25.
If the company also provides qualifying online retail store services under the EXAMPLE mark, it may potentially seek registration for:
Class 25 → clothing
and
Class 35 → online retail store services featuring clothing
Those are separate classifications covering different commercial activities.
A Class 35 retail registration does not replace registration for the underlying products.
Do Online Stores and E-Commerce Businesses Need Class 35?
Online retail store services can fall within Class 35, but an e-commerce business should not assume that Class 35 is the only class it needs.
Under USPTO guidance, retail services can be provided through physical stores, websites, electronic media, mail-order catalogs, and other qualifying retail channels.
The identification should generally state:
type of retail activity + goods featured
For example:
Online retail store services featuring clothing
is more informative than simply:
Online retail services
The USPTO explains that merely adding wording such as “online” or “via the Internet” does not adequately identify what the retail service actually is. The identification should describe the nature of the retail activity and the relevant goods.
Example: Online Clothing Brand
An online clothing company may potentially need:
Class 25 for branded clothing products; and
Class 35 for qualifying online retail store services featuring clothing.
Whether both classes are appropriate depends on the actual trademark use and filing strategy.
Not Sure Whether Trademark Class 35 Is the Right Class?
Choosing the correct trademark class depends on what your business actually offers under the mark—not simply the type of business you operate.
A trademark attorney can help determine:
- whether your services belong in Class 35;
- whether your products require separate goods classes;
- whether additional service classes are needed; and
- how your goods and services should be identified in the USPTO application.
Nationwide federal trademark representation · Flat-fee options available
What Is a Class 35 Trademark?
A Class 35 trademark is a trademark registered or applied for in connection with one or more services classified in International Class 35.
The mark itself can potentially be:
a business name;
brand name;
word mark;
slogan;
logo;
stylized design; or
another qualifying source identifier.
“Class 35 trademark” does not describe a special type of trademark. It describes the international classification assigned to the services identified in the application or registration.
For example:
MARK + advertising services → Class 35
or
MARK + online retail store services featuring shoes → Class 35
If you are deciding what form of trademark to register, see our guides to trademarking a name and trademarking a logo.
Does Class 35 Protect a Business Name or Logo?
Class 35 does not protect a name or logo independently of particular services.
A federal trademark application identifies:
the mark + owner + filing basis + goods/services + appropriate international classes
The scope of a resulting registration therefore depends in significant part on the mark and the goods or services identified in the registration.
For example, filing a business name for Class 35 advertising services does not automatically create trademark rights for unrelated clothing, software, financial services, or every other product and service.
Federal registration also does not give unrestricted ownership of a word, name, or logo in every industry or context.
For a broader discussion of what must be satisfied before a trademark can register, see our Four Requirements for Federal Trademark Registration.
Trademark Class 35 vs. Class 25: What Is the Difference?
Trademark Class 25 generally covers clothing, footwear, and headwear, while Trademark Class 35 covers qualifying services such as retail store and online retail store services. A clothing or apparel business may therefore need Class 25, Class 35, or both, depending on what the trademark identifies.
The key distinction is:
Class 25 → branded clothing, footwear, and headwear
Class 35 → qualifying retail or online retail store services featuring those goods
Under the USPTO’s current Nice Classification, Class 25 includes goods such as clothing, footwear, and headwear. Class 35, by contrast, includes qualifying retail and wholesale services that bring together goods so customers can conveniently view and purchase them.
Class 25 vs. Class 35 Examples
| Trademark Use | Typical Trademark Class |
|---|---|
| T-shirts sold under the trademark | Class 25 |
| Hoodies sold under the trademark | Class 25 |
| Shoes sold under the trademark | Class 25 |
| Hats sold under the trademark | Class 25 |
| Retail clothing store services under the trademark | Class 35 |
| Online retail store services featuring clothing under the trademark | Class 35 |
| Branded clothing plus qualifying online retail store services | Potentially Classes 25 and 35 |
Does a Clothing Brand Need Both Class 25 and Class 35?
Not necessarily. The correct classes depend on how the trademark is actually used or intended to be used.
For example, suppose EXAMPLE appears as a brand on T-shirts, sweatshirts, and hats. Those products would ordinarily fall within Class 25.
If EXAMPLE also functions as the trademark for qualifying online retail store services featuring clothing, the business may potentially seek protection in both classes:
EXAMPLE + clothing → Class 25
EXAMPLE + online retail store services featuring clothing → Class 35
These classifications protect different goods and services. A Class 35 registration for retail services does not substitute for Class 25 protection for the clothing itself.
Likewise, simply selling branded clothing through a website does not automatically transform the clothing into a Class 35 service. The Nice Classification expressly provides that the sale of goods itself is not considered a service for classification purposes.
For qualifying retail services, the USPTO generally requires the application to identify both the nature of the retail activity and the types of goods featured. For example:
Online retail store services featuring clothing
is a Class 35 service identification, while the clothing products themselves remain classified in Class 25. See TMEP § 1402.11(a)(vi) — Retail Services.
For a broader explanation of how goods and services are divided among the international classes, see our Complete Guide to All 45 USPTO Trademark Classes.
Bottom line: Class 25 generally protects the clothing, footwear, or headwear sold under a trademark, while Class 35 may protect qualifying retail or online retail services provided under the trademark. An apparel or e-commerce business may need both when the same mark identifies both the products and separate qualifying retail services.
Class 35 vs. Product Classes: What Is the Difference?
The basic distinction is:
goods classes → what the business sells as branded products
versus
Class 35 → qualifying services performed under the mark
Example: Cosmetics Business
A cosmetics company may need:
the appropriate goods class for cosmetics; and
potentially Class 35 if it separately provides qualifying retail store services under the trademark.
Example: Technology Business
A technology company might use:
Class 9 for downloadable software;
Class 42 for qualifying SaaS or technology services; and
potentially Class 35 for separate qualifying business or retail services.
The correct classification therefore depends on what the business actually offers under the trademark.
Trademark Class 35 vs. Classes 36, 41, and 42
Some business activities sound commercial but belong outside Class 35.
| Activity | Common Trademark Class |
|---|---|
| Advertising and marketing | Class 35 |
| Business management consulting | Class 35 |
| Retail store services | Class 35 |
| Banking and financial services | Class 36 |
| Insurance services | Class 36 |
| Real estate services | Class 36 |
| Education and training | Class 41 |
| Entertainment services | Class 41 |
| Software as a service (SaaS) | Class 42 |
| Software design and development | Class 42 |
The business’s industry alone does not determine the class.
Instead, the relevant question is:
What specific goods or services does the trademark identify?
That analysis may lead to more than one international class.
How Should Class 35 Services Be Described in a USPTO Application?
A Class 35 identification should clearly describe the particular services the applicant provides under the trademark.
Applicants should not simply write:
business services
or:
sales
or:
online services
when those terms do not adequately identify the particular activity.
The USPTO maintains an Acceptable Identification of Goods and Services Manual and encourages applicants to use accurate, recognized descriptions when possible. Properly identifying goods and services can make examination more efficient.
Retail Identifications
For qualifying retail services, identify both:
the nature of the retail service, and
the goods featured by the service.
For example:
Online retail store services featuring clothing
provides significantly more classification information than:
Online retail services.
USPTO guidance expressly requires retail and wholesale identifications to specify the nature of the activity and the relevant goods.
Examples of Class 35 Service Identifications
Depending on the actual services being provided, Class 35 identifications may include formulations such as:
advertising agency services;
internet advertising services;
marketing consulting;
business management consulting;
business research;
public relations;
online retail store services featuring clothing;
retail store services featuring cosmetics;
wholesale distributorships featuring specified goods; or
promoting the goods and services of others.
These examples are illustrative only.
The identification in a federal application should accurately describe the applicant’s actual services and should not be selected simply because wording appears to fit within Class 35.
How Many Trademark Classes Does a Business Need?
A trademark application may include one class or multiple classes depending on the goods and services identified in the application.
A business does not necessarily need Class 35 simply because it operates a business.
Likewise, selecting Class 35 does not eliminate the need to identify other goods or service classes.
For example:
clothing brand + online retail store
may involve:
Class 25 + Class 35
while:
downloadable software + SaaS
may involve:
Class 9 + Class 42
The correct number of classes depends on the goods and services actually offered or intended to be offered under the trademark.
For more examples across all 45 classes, see our Complete USPTO Trademark Classes Guide.
How Much Does a Class 35 Trademark Application Cost?
The USPTO’s current base filing fee for a qualifying Section 1 or Section 44 trademark application is $350 per class.
Therefore, an application containing only Class 35 generally has a base USPTO filing fee of:
1 class × $350 = $350
An application covering two classes generally begins at:
2 classes × $350 = $700
Additional USPTO fees may apply if an application:
omits required information;
uses the free-form identification field instead of qualifying ID Manual wording; or
contains lengthy custom identifications.
As of 2026, the USPTO lists additional fees including:
$100 per class for insufficient application information;
$200 per class for using the free-form identification field; and
$200 for each additional 1,000 characters beyond the first 1,000 in an affected free-form identification.
Intent-to-use applications can also require later filings and fees before registration.
How Do You Apply for a Trademark in Class 35?
The basic process for seeking federal registration for Class 35 services is:
Step 1: Identify the Trademark
Determine the exact:
name;
wording;
logo; or
other mark
you want to protect.
Step 2: Identify the Actual Services
Determine what services the mark identifies.
Do not choose Class 35 merely because the applicant operates a business.
Ask:
What service is being provided to customers under this trademark?
Step 3: Determine the Correct Trademark Classes
Classify the services accurately and determine whether additional goods or service classes are required.
The classification should follow the actual goods and services—not the applicant’s preferred marketing description.
Step 4: Conduct a Trademark Clearance Search
Search for earlier trademarks that could create a likelihood of confusion.
An exact-word search alone is not enough. Trademark conflicts can arise from similarities in:
appearance;
sound;
meaning;
commercial impression; and
the relationship between the relevant goods or services.
For a detailed search methodology, see our Complete USPTO Trademark Lookup and Clearance Search Guide.
Step 5: Choose the Correct Filing Basis
The application must have an appropriate statutory filing basis.
Common U.S. filing bases include:
Section 1(a) — current use in commerce; and
Section 1(b) — bona fide intent to use the mark in commerce.
Step 6: Prepare the Identification of Services
Clearly identify the Class 35 services.
For retail services, describe the nature of the retail activity and the goods featured.
Step 7: File the Application
Submit the application through the USPTO’s electronic trademark filing system and pay the applicable filing fees.
Step 8: Complete USPTO Examination
A USPTO examining attorney reviews the application.
The examining attorney can approve the application for publication or issue an Office Action raising legal refusals or procedural requirements.
If an Office Action is issued, see our USPTO Trademark Office Actions Guide.
Step 9: Complete Publication and Registration Requirements
If approved, the application generally proceeds to publication.
Additional requirements depend on the filing basis and circumstances of the application.
Common Class 35 Trademark Filing Mistakes
Mistake 1: Assuming Every Business Needs Class 35
Class 35 is not a general “business class.”
The appropriate class depends on the goods and services identified by the trademark.
Mistake 2: Treating the Sale of Products as a Class 35 Service
Merely selling your own goods is not itself a registrable service.
For classification purposes, the goods should generally be identified in their appropriate goods classes.
Mistake 3: Using “Sales” as the Service Identification
The USPTO does not recognize “sales” as a classifiable service.
A qualifying retail activity should instead be described accurately.
Mistake 4: Using an Overly Vague Retail Identification
“Online retail services” may not sufficiently identify the service.
The application should generally identify both the retail activity and the goods featured.
Mistake 5: Assuming Class 35 Covers the Products Sold Through a Store
A Class 35 retail registration protects the qualifying retail service.
It does not automatically register the trademark for every product available through that store.
Mistake 6: Selecting Only Class 35 When Other Classes Are Required
A business may need Class 35 plus one or more goods or service classes.
Mistake 7: Searching Only Class 35 for Conflicting Marks
Trademark clearance should not be limited mechanically to marks listed in the same international class.
Likelihood of confusion can involve related goods or services appearing in different classes.
Mistake 8: Assuming Registration Creates Unlimited Exclusive Rights
Federal registration provides important statutory benefits, but trademark rights remain tied to the mark and the legally relevant scope of goods, services, priority, and likelihood of confusion.
Does Trademark Class Determine Whether Two Marks Conflict?
No. Trademark classes help organize goods and services, but class numbers do not by themselves determine likelihood of confusion.
Two marks can potentially conflict even when the goods or services appear in different international classes if consumers could believe the goods or services come from the same source.
Likewise, two marks appearing in the same class do not automatically conflict.
The relevant legal question is likelihood of confusion, not simply whether the class numbers match.
For a fuller explanation of this registration requirement, see our Four Requirements for Federal Trademark Registration.
Frequently Asked Questions About Trademark Class 35
What is Trademark Class 35?
Trademark Class 35 is the international trademark service class principally covering advertising, marketing, business management, business organization and administration, office functions, and qualifying retail and wholesale services.
Is Class 35 for goods or services?
Class 35 is a service class. The physical products sold by a business are generally classified separately in the appropriate goods classes.
Is retail in Trademark Class 35?
Yes. Qualifying retail and wholesale services are classified in Class 35. The identification should generally describe both the nature of the retail service and the goods featured.
Is an online store Class 35?
Qualifying online retail store services can be classified in Class 35. However, the products sold through the online store remain classified in their appropriate goods classes.
Does selling my own products require Class 35?
Not necessarily. The sale of one’s own goods is not itself treated as a registrable service. A separate Class 35 filing question arises when the trademark identifies a qualifying Class 35 service, such as retail store services.
Does Amazon-style online retail fall in Class 35?
Online retail store or marketplace-related activities can potentially fall within Class 35 depending on the actual services provided and how those services are identified. The correct classification should be based on the particular commercial activity rather than the business model’s label.
Does Class 35 cover a business name?
Class 35 can be included in an application for a business name when the name functions as a trademark for qualifying Class 35 services. Merely registering or operating a business does not automatically create a Class 35 trademark registration.
Does Class 35 protect my products?
No. A Class 35 registration for services does not automatically register the trademark for the products sold by the business. Products must be classified in their appropriate goods classes.
Can one trademark application include Class 35 and other classes?
Yes. A multi-class application can identify goods and services in more than one international class if the requirements for each class are satisfied. Filing fees generally apply to each class.
How much does it cost to file a Class 35 trademark application?
The USPTO currently charges a $350 base application fee per class for qualifying Section 1 and Section 44 applications. Additional fees can apply.
Can I register a logo in Class 35?
Yes, if the logo functions as a trademark for qualifying Class 35 services and satisfies the other requirements for federal registration. A logo is generally filed as a special-form trademark. See our Complete Guide to Trademarking a Logo.
Can I register a business name in Class 35?
Yes, if the name functions as a trademark for qualifying Class 35 services. A business name is not automatically a trademark merely because an LLC, corporation, DBA, or domain name uses it. See our Complete Guide to Trademarking a Name.
Trademark Class 35: The Bottom Line
Trademark Class 35 is the USPTO service class principally covering advertising, marketing, business management, business organization and administration, office functions, and qualifying retail and wholesale services.
The most important Class 35 distinction is:
Class 35 services ≠ the products being sold
A business that sells branded products may need one or more goods classes for those products and, when appropriate, a separate Class 35 identification for qualifying retail, advertising, marketing, or other business services.
For retail businesses:
goods sold → appropriate goods class
qualifying retail service → Class 35
For multi-activity businesses:
each actual good or service → appropriate international class
Correct classification matters because the USPTO application defines the goods and services for which federal registration is sought. Choosing Class 35 simply because a company “does business” or sells products can produce an inaccurate application.
Before filing, identify the actual goods and services, select the appropriate classes, conduct a comprehensive trademark clearance search, and prepare an accurate identification for each class.
About the Author
Michael E. Kondoudis
U.S.-Licensed Trademark Attorney · USPTO-Registered Patent Attorney (Reg. No. 42,758) · Founder and Principal
Michael E. Kondoudis is the founder and principal of The Law Office of Michael E. Kondoudis®, a Washington, DC-based law firm focused on federal trademark matters. He helps businesses and entrepreneurs search, register, protect, and enforce trademarks before the United States Patent and Trademark Office. His practice includes trademark clearance, federal applications, USPTO prosecution, Office Action responses, registration, maintenance, and enforcement.
Learn more about Michael E. Kondoudis →Before You File a Class 35 Trademark Application
Before filing in Trademark Class 35, confirm that your actual services belong in Class 35, determine whether your products or other services require additional classes, and describe each service correctly in the USPTO application. Trademark classification affects filing fees, USPTO examination, and the goods and services identified in any resulting registration.
Does Class 35 Apply?
Class 35 covers qualifying advertising, marketing, business, office, retail, and wholesale services. Simply operating a business or selling your own products does not automatically make Class 35 the correct class.
Do You Need Other Classes?
Class 35 generally protects services—not the physical products being sold. Your application may also need separate goods or service classes for the products and other activities offered under the trademark.
How Should You Describe the Services?
The identification should accurately describe the services provided under the mark. Retail applications generally should identify both the type of retail service and the goods featured.
Not Sure Whether Class 35 Is Right for Your Trademark?
Speak directly with Michael E. Kondoudis about the correct trademark classes, how to identify your goods and services, trademark availability, and the most practical federal filing strategy for your business.
Book a Free Strategy Call 20 minutes. No pressure. No obligation. For businesses and entrepreneurs planning to file within approximately 30 days · Flat-fee options available.Primary Authorities Referenced
The following U.S. Patent and Trademark Office (USPTO) authorities provide the primary guidance for Trademark Class 35, including the classification of advertising, business, retail, and wholesale services; the identification of Class 35 services in a federal trademark application; and current USPTO trademark filing fees.
USPTO — Nice Classification, Class 35 Heading and Explanatory Note (NCL 13-2026). The current Nice Classification identifies Class 35 as covering advertising, business management, organization and administration, and office functions. The Class 35 explanatory note also addresses marketing, promotional, retail, and wholesale services and expressly explains that, for classification purposes, the sale of goods is not itself considered a service. USPTO Nice Classification — Current Class Headings and Explanatory Notes
Trademark Manual of Examining Procedure (TMEP) § 1401.02(a) — Headings of International Trademark Classes. This section explains the USPTO’s use of the Nice Classification system and provides the international class headings and explanatory notes used to classify goods and services, including Class 35. It also confirms the Class 35 principle that the sale of goods is not, by itself, a classifiable service. TMEP § 1401.02(a) — Headings of International Trademark Classes
TMEP § 1402.11(a)(vi) — Retail Services. This section provides specific USPTO guidance for identifying retail and wholesale services in Trademark Class 35. Among other requirements, an identification generally must specify the nature of the retail activity—such as an online retail store—and the type or field of goods offered through the service. TMEP § 1402.11(a)(vi) — Retail Services
USPTO Acceptable Identification of Goods and Services Manual (Trademark ID Manual). The Trademark ID Manual contains pre-approved descriptions of goods and services and their classifications. Applicants can use it to identify acceptable wording for Class 35 services such as advertising, marketing, business consulting, retail store, online retail store, and wholesale services. Search the USPTO Trademark ID Manual
USPTO — Goods and Services Guidance. The USPTO explains how applicants must identify the particular goods and services associated with a trademark, how the international trademark classes organize those goods and services, and how the ID Manual can be used to determine the appropriate classification. The USPTO identifies Class 35 as the service class for advertising and business services. USPTO Guidance on Trademark Goods and Services
USPTO — Trademark Fee Information. USPTO trademark application fees are generally calculated per international class. The USPTO’s current fee guidance lists the base application fee and additional fees that may apply when an applicant provides insufficient information, uses the free-form identification field instead of selecting goods or services from the Trademark ID Manual, or submits particularly lengthy custom identifications. Current USPTO Trademark Fee Information
These USPTO authorities should be consulted when determining whether a particular activity belongs in Trademark Class 35 and when drafting the identification of services for a federal trademark application.
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