Introduction
In today’s digitally-driven economy, services are brands too. From advertising agencies and consultancy firms to online marketplaces and retail chains, business service providers increasingly rely on their brand identity to build trust and scale operations.
Trademark Class 35 is the most commonly used and versatile class in the trademark system. It protects your business name, logo, and marketing identity when you’re providing advertising, business management, retail or wholesale, or digital services to others.
This in-depth article explains:
- What services fall under Class 35
- What’s excluded
- Real Indian examples
- Trademark filing and strategy
- Benefits for startups, agencies, consultants, and eCommerce
- Common errors and FAQs
Legal Definition of Class 35 (India)
According to the Trade Marks Act, 1999 and the Nice Classification (11th Edition), Trademark Class 35 includes:
“Advertising; business management; business administration; office functions.”
It also includes:
- Retail and wholesale services (offline or online)
- eCommerce platforms
- Online store services
- Digital and social media marketing
- Franchise business support
- Outsourced business services
Services Covered Under Class 35
Advertising & Marketing
- Digital marketing agencies
- SEO/SEM companies
- Social media marketing services
- Influencer marketing agencies
- Email marketing and SMS campaigns
- ATL/BTL advertising firms
- Print and outdoor advertising services
- Media buying agencies
Business Management & Administration
- Business consultancy firms
- Startup support and funding advisors
- Strategy consultants
- Company formation and registration consultants
- Business process outsourcing (BPO)
- Franchise management and brand licensing
- Business planning and rebranding services
Retail & Wholesale (Offline and Online)
- Supermarkets, grocery chains, retail stores
- Online marketplaces (like Amazon, Flipkart)
- Direct-to-consumer (D2C) brand platforms
- Franchise retailers (e.g., Reliance Trends, Croma)
- Product aggregators
- Departmental stores, malls
- Dropshipping service providers
eCommerce & Marketplace Support
- Web platforms offering product listings
- SaaS portals for product selling
- Online shop creation services (like Shopify experts)
- Reseller platforms (Meesho-type)
- Digital catalog platforms
- B2B/B2C product sourcing portals
Office & Admin Support
- Virtual assistant services
- HR outsourcing (payroll, recruitment)
- Executive search and placement firms
- Document preparation services
- Outsourced back-office operations
- Billing, invoicing, and compliance support
Real Examples of Class 35 Trademarks
| Brand | Filed For |
|---|---|
| MEESHO | Online retail marketplace and B2C platform |
| NYKAA | Online cosmetics retailing and marketing |
| D-MART | Retail stores and supermarket chains |
| URBAN COMPANY | Marketing and business intermediary services |
| ZOMATO | Advertising services for restaurants |
| SHOPIFY | Online store setup and product listing SaaS |
| JUSTDIAL | Business directory and advertising platform |
| TCS iON | B2B admin support and business consulting |
| GOOGLE ADS | Digital marketing and online advertising |
| INSTAMOJO | Online store and digital retail services |
What’s Not Covered Under Class 35
| Service/Product | Correct Class |
|---|---|
| Financial consulting or fintech platforms | Class 36 |
| Legal or CA services | Class 45 |
| Software development or SaaS tools | Class 42 |
| Educational training or coaching | Class 41 |
| Food delivery (logistics) | Class 39 |
| Product design or branding agencies | Class 42 |
| Staffing & temp job services | Class 43 or 35 |
Tip: If your service is about managing, promoting, listing, selling, or organizing someone else’s business or product, it likely fits Class 35.
Why Trademark Class 35 Matters
In the service economy, customers buy based on brand trust. Whether you’re a digital agency or a retail chain, your business name is your asset.
Business Advantages:
- Protect your brand name/logo across India and globally
- Prevent misuse by competitors offering similar services
- Required for business verification on Google, Meta, Amazon
- Adds credibility during investor or client onboarding
- Supports expansion into franchising and licensing
- Mandatory for brand-building agencies, eCom resellers
- Facilitates brand value creation in startup funding rounds
How to Register a Trademark Under Class 35 in India
✅ Step-by-Step:
- Trademark Search: Use IP India Public Search to check if the name/logo is available in Class 35.
- Draft TM-A Application: Describe services clearly: “Advertising services, online retail services, eCommerce platform support, business consultancy, digital marketing.”
- File Online via IP India Portal: Use ipindiaonline.gov.in or consult a licensed trademark attorney.
- Registrar Examination: Registrar checks for distinctiveness, public interest, and prior conflicts.
- Publication in Journal: Published for 4 months for public objection (if any).
- Trademark Registration: Certificate issued if no opposition — valid for 10 years, renewable indefinitely.
📄 Required Documents:
- Applicant’s PAN or Aadhaar
- Logo (if filing as device mark)
- TM-48 (power of attorney, if agent is filing)
- MSME/Udyam certificate for fee concession (if applicable)
- Nature of services offered (brochure or website URL – optional but helpful)
Madrid Protocol & Global Filing – Class 35
Expanding globally? You can use India’s application to register your Class 35 mark in 100+ countries via Madrid Protocol.
| Jurisdiction | Trademark Class |
|---|---|
| India | Class 35 |
| USA | Class 035 |
| EU | Class 35 |
| UK | Class 35 |
| WIPO (Madrid) | Class 35 |
Common Mistakes in Class 35 Filing
- Using vague terms like “business services” without detail
- Filing software development companies under Class 35 (belongs in Class 42)
- Not filing for sub-brands, flavor variants, or franchise names
- Forgetting to register both word mark and device mark
- Filing too early without establishing business activity—can attract objection
Pro tip: Always include specific service types, platform nature, and commercial models.
Tips for Class 35 Applicants
- Mention each type of service: digital marketing, consulting, retail, admin
- File for both word mark and logo
- Include retail services even if offline (e.g., supermarket, clothing store)
- Consider international filing if you’re a SaaS, marketplace, or franchisee
- Register sub-brands for campaign series, events, or partnerships
FAQs – Trademark Class 35
- Q: Is digital marketing covered under Class 35?
✅ Yes. - Q: Is software development covered?
❌ No, it’s under Class 42. - Q: Is online selling included?
✅ Yes, if you’re offering a platform or store. - Q: Is my supermarket business covered?
✅ Yes. - Q: Is recruitment included?
✅ Yes, if it’s non-educational placement or HR support. - Q: Do I need to file in Class 35 if I offer consultancy?
✅ Yes, for business consultancy. - Q: Are mobile apps covered under Class 35?
⚠️ No, unless it’s an app offering retail or advertising services. Otherwise, use Class 42. - Q: Do I need to protect my franchise under Class 35?
✅ Yes.
Conclusion
Trademark Class 35 is the heart of the trademark system for service-based businesses, retail operations, digital platforms, and advertising agencies. Whether you’re a freelancer, a startup, or a national franchise, this class ensures your business name, marketing brand, and platform identity are legally protected.
At RegistrationMART, we help:
- Draft strong and detailed Class 35 filings
- Register service brands with exact activity mapping
- File device marks, word marks, and sub-brands
- Respond to objections or opposition
- Guide global filing through Madrid Protocol
🔐 Get Expert Help Today
📞 Call Us: +91-7201000259
🌐 Visit: www.registrationmart.in
📧 Email: support@registrationmart.in
