Services

Trademark Class 35: Advertising, Business Services & Retail

Advertising; business management; business administration; office functions.

488,295live trademarks

Filing Activity

Trademark applications and registrations in Class 35 over the past 15 years.

Class 35 covers advertising, business management, business administration, office functions, and retail and wholesale store services. It is the second most heavily filed class in the Nice Classification system, trailing only Class 9. This volume reflects the fundamental reality that nearly every commercial enterprise requires some form of advertising, marketing, or business management service, making Class 35 a near-universal filing destination.

The class encompasses a sweeping range of commercial activities, from traditional advertising agencies and marketing consultancies to modern digital marketing platforms, influencer management services, and e-commerce retail store services. Online retail services — the sale of goods via the internet — have driven enormous filing growth in recent years, as brands seek to protect their digital storefronts. Top filing firms include LZ Legal Services, LegalForce RAPC, and Greenberg Traurig, reflecting the class's appeal to both large enterprises and emerging brands filing through online legal platforms.

Classification pitfalls in Class 35 are among the most consequential in trademark practice. The critical distinction is between providing a service and selling a product. A company that manufactures and sells clothing files in Class 25 for the goods, but a retailer that curates and sells others' clothing files in Class 35 for the retail store services. Franchising services belong in Class 35, but the underlying goods or services provided through the franchise require separate class filings. Business consulting is here, but financial consulting moves to Class 36, and technology consulting shifts to Class 42.

Given its breadth, Class 35 is frequently paired in multi-class filings with Class 42 for technology companies offering SaaS platforms with associated marketing tools, Class 41 for entertainment and media companies with advertising components, and Class 9 for software products that complement business management services. Applicants should resist the temptation to treat Class 35 as a catch-all — the services claimed must be genuine service offerings, not merely ancillary activities supporting a product business.

What's Included in Class 35

Class 35 includes mainly services rendered by persons or organizations principally with the object of: 1. help in the working or management of a commercial undertaking, or 2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.

  • the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; such services may be provided by retail stores, wholesale outlets, through vending machines, mail order catalogues or by means of electronic media, for example, through web sites or television shopping programmes;
  • services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;
  • services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.
  • services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise (consult the Alphabetical List of Services).
🛒 Online retail store services
📢 Advertising and marketing services
📊 Business consulting and management
🧮 Accounting and bookkeeping services
🤝 Employment recruitment agencies
🎪 Trade show and exhibition services
📈 Market research and analysis
🏪 Franchise business services

Top Filers in Class 35

#OwnerFilings
1AMAZON TECHNOLOGIES, INC.404
2CVS PHARMACY, INC.248
3TARGET BRANDS. INC.234
4WALMART APOLLO, LLC221
5UNITED STATES POSTAL SERVICE217
6PHOENIX INTANGIBLES HOLDING COMPANY151
7HOME DEPOT PRODUCT AUTHORITY, LLC146
81-800-FLOWERS.COM, INC.131
9INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM)122
10SPG IP HOLDINGS, LLC122

Top Law Firms in Class 35

#FirmTotal
1LZ Legal Services, LLC11,164
2LegalForce RAPC Worldwide, P.C.6,390
3Greenberg Traurig, LLP5,902
4BARNES & THORNBURG LLP4,825
5Womble Bond Dickinson (US) LLP4,508
6Kilpatrick Townsend & Stockton LLP4,446
7Fross Zelnick Lehrman & Zissu, P.C.3,944
8VENABLE LLP3,876
9DLA Piper LLP (US)3,805
10Dentons US LLP3,362

Recent Registrations

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Explore 488,295 live trademarks in Advertising, Business Services & Retail. Search by name, owner, or serial number — then filter by Class 35.

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Frequently Asked Questions

Why do most businesses need to file in Class 35?

Class 35 covers the retail sale of goods, advertising, and general business services. If you sell products (even products classified in other Nice classes), the act of retailing those products through a store or online shop is a Class 35 service. This is why most e-commerce and retail brands file in Class 35 in addition to their product classes.

What is the difference between Class 35 and Class 42 for tech companies?

Class 35 covers business-related software services (CRM, accounting software, marketing platforms). Class 42 covers technical/scientific software services (development tools, hosting, cloud computing). An analytics SaaS tool could be filed in either or both depending on its primary function.

Does Class 35 cover influencer marketing?

Yes. Advertising, promotional marketing, influencer marketing services, and social media marketing management all fall under Class 35.

Are subscription box services in Class 35?

The retail service of curating and selling subscription boxes belongs in Class 35. The individual products inside the box are classified in their respective product classes.

Does an e-commerce brand selling its own products need Class 35?

If a company manufactures and sells only its own products, the products are covered in their respective goods classes. Class 35 specifically covers the retail service of selling goods. However, most e-commerce brands file in Class 35 as a precaution because the retail service is a distinct protectable activity.

Are data analytics and business intelligence services in Class 35?

Business data analytics, market research, consumer surveys, and competitive intelligence services belong in Class 35 when focused on business decision-making. Technical data analysis and scientific data processing belong in Class 42. The distinction depends on whether the output serves a business or technical purpose.

Does Class 35 cover franchise services?

Yes. Business management assistance in the nature of franchising, franchise consulting, and administration of franchise business operations all belong in Class 35. The underlying goods or services provided through the franchise still require separate filings in their respective classes.

Are HR and recruiting services in Class 35?

Yes. Employment agency services, recruitment, headhunting, personnel management consulting, and staffing services are all classified in Class 35 as business management services. Payroll processing is also Class 35, though closely related to Class 36 financial services.

Where does affiliate marketing fall?

Affiliate marketing program management, performance marketing services, and advertising network operation all belong in Class 35. The software platform enabling affiliate tracking may also require Class 42 (SaaS) and Class 9 (downloadable software).

Is Class 35 needed for a marketplace platform like Etsy or eBay?

Yes. Online marketplace services facilitating the sale of goods by third-party sellers are classified in Class 35 as retail store services. The marketplace operator also typically files in Class 42 for the technology platform and Class 9 for any downloadable app.