Trademark Class 35: Advertising & Business Services in India

Key Takeaways

• Class 35 covers advertising, business management, retail, e-commerce, and administrative services, not physical goods.
• It’s one of the most frequently filed classes in India, covering everything from digital marketing agencies to online marketplaces.
• Vague descriptions like “retail services” alone are a top cause of objections; be specific (e.g., “online retail services in relation to clothing”).
• Filing fees are ₹4,500 per class (individuals, startups, MSMEs) or ₹9,000 per class (companies and others).
• Class 35 doesn’t cover financial services (Class 36), IT/software (Class 42), education (Class 41), or legal services (Class 45).
• E-commerce and retail businesses typically need Class 35 plus the relevant product class for what they sell.
• Registration takes 6-12 months for uncontested applications and is valid for 10 years, renewable indefinitely.
• Real brands like Amazon, Deloitte, Google Ads, and Flipkart all hold Class 35 registrations.

What is Trademark Class 35 in India?

Trademark Class 35 covers business, advertising, and administrative services. It does not cover the physical goods a service provider sells. A trademark class search tool helps confirm the right class before filing and avoid rejections or coverage gaps.

The Registry evaluates Class 35 applications based on the service offered. It does not consider the industry the service supports. Trademark Registration gives advertising agencies, consultants, and retail or e-commerce operators exclusive rights to their brand name and logo. It also provides legal grounds against copycats, export-market protection, and a licensable, transferable brand asset.

Leading names such as WNS Global Services, Instamojo, Zoho Corporation, and Upwork hold Class 35 registrations in India.

What Services are Covered Under Trademark Class 35?

Class 35 trademark protects a wide range of advertising, business management, and administrative services used across nearly every commercial sector. The table below summarizes the key categories and examples:

Category	Examples
Advertising and Promotional Services	Advertising and publicity, production of advertising films, outdoor bill-posting, distribution of publicity material, writing of publicity texts, rental of advertising space
Digital Advertising Services	Pay-per-click advertising, online advertising on a computer network, search engine optimisation, website traffic optimisation
Traditional Media Advertising	Radio advertising, television advertising, and direct mail advertising
Business Management and Consultancy	Business management consultancy, business organization consultancy, business efficiency expert services, outsourcing services
Administrative and Office Services	Secretarial services, payroll preparation, typing and transcription, bookkeeping
Market Research and Data Services	Market research, business research, data compilation into computer databases, and commercial intermediation services
Procurement and Information Services	Procurement services for others, consumer, and business information services
Retail and Wholesale Services	Retail services for goods, wholesale services for goods, and mail-order services
E-commerce and Marketplace Services	Provision of an online marketplace for buyers and sellers, presentation of goods on communication media for retail purposes, and price comparison services
HR and Recruitment Services	Employment agencies, personnel recruitment, personnel management consultancy, and psychological testing for the selection of personnel
Trade Events and Exhibitions	Organisation of trade fairs for commercial or advertising purposes, organisation of exhibitions for commercial or advertising purposes
Import/Export and Licensing Administration	Import/export agencies, commercial administration of the licensing of goods and services of others
Business Information Management	Systemization of information into computer databases, sponsorship search, public relations, and economic forecasting

Identifying the correct category from the trademark class list is the first step toward building a legally protected brand under a Class 35 trademark. 

What Trademark Class 35 Does Not Cover?

Class 35 of the trademark protects business, management, and advertising services. It does not cover services unrelated to business or industrial enterprise management. The following are explicitly excluded from Class 35: 

• Financial and insurance services: Services such as banking, investment management, and insurance. These fall under Class 36.
• Telecommunication network and broadcasting transmission services: Services such as operating telecom networks and broadcasting infrastructure. These belong to Class 38.
• Warehousing and logistics services: Services such as storage, freight, and transportation of goods. These fall under Class 39.
• Software development and programming services: Services such as building applications, coding, and technical IT development. These belong to Class 42.
• Scientific research services: Services involving laboratory research or technical experimentation unrelated to business operations. These fall under Class 42.
• Education and training services: Services such as coaching, workshops, and professional training programmes. These fall under Class 41.
• Legal services: Services such as legal advisory, drafting of contracts, and litigation support. These fall under Class 45.

How to Register a Trademark Under Class 35 in India?

Here is a step-by-step breakdown of the registration process under Class 35 trademark filing in India:

1. Search first: Check the Indian Trademark Registry and WIPO Global Brand Database for conflicting marks. You can also use the RegisterKaro Free Trademark Search tool to confirm Class 35 fits your services.

2. Prepare the application: Finalize your logo or wordmark and describe your services precisely, such as “online retail services in relation to clothing” instead of the broad term “retail services.” Note your date of first use, if applicable.

3. File Form TM-A: Submit Form TM-A online via the IP India e-filing portal, select Class 35, and pay the fee. You can use the ™ symbol immediately after filing.

4. Examination: The Trademark Examiner checks the application for correct classification, distinctiveness, and conflicts with existing marks.

5. Respond to objections, if any: Finalize your logo or wordmark and specify your services clearly. Mention your first-use date, if applicable.

6. Publication and opposition window: Once accepted, the mark is published in the Trademark Journal. Third parties get 4 months to file a Notice of Opposition; if none is filed, registration proceeds. Opposed marks need a professional trademark opposition defence.

7. Registration and certificate: Once approved, the Registry issues a Certificate of Registration, letting you use the ® symbol.

Validity runs 10 years from the date of application (not the certificate issue date), under Section 25 of the Trade Marks Act, 1999. Renew via Form TM-R in 10-year blocks up to 6 months before expiry, with a 6-month grace period after expiry at a surcharge. Monitor your brand regularly to act against trademark infringement.

Government Fees for Trademark Registration Under Class 35

Government fees for Trademark Class 35 start at ₹4,500 per class for individuals, startups, and small enterprises filing online, and ₹9,000 per class for companies and other entities. Here’s the complete fee structure by applicant type for trademark registration class 35:

Applicant Type	Fee Per Class (Online)	Fee Per Class (Physical)
Individual / Sole Proprietor	₹4,500	₹5,000
Startup (with DPIIT recognition)	₹4,500	₹5,000
Micro or Small Enterprise (with Udyam registration)	₹4,500	₹5,000
Medium Enterprise (with Udyam registration)*	₹4,500 or ₹9,000 (verify before filing)*	₹5,000 or ₹10,000*
Company / LLP / Partnership Firm	₹9,000	₹10,000

Trademark registration fees in India apply per class at the time of filing Form TM-A. Professional fees, if engaged, are additional.

Note: Government fees are subject to change. Always verify the latest fee structure on the official IP India website before filing.

Trademark Class 35 Comparison with Other Classes 

Businesses often confuse Trademark Class 35 with other service classes, especially when their services cover more than one category. Here’s how Trademark Class 35 differs from the classes it’s most commonly confused with:

Class	Covers	Common Examples
Class 35	Advertising, business management, retail, e-commerce, and office functions	Amazon, Flipkart, Deloitte, Google Ads
Class 36	Banking, insurance, financial services, real estate, fintech	HDFC, ICICI, Razorpay, LIC
Class 38	Telecommunications, broadcasting, and internet access	Airtel, Jio, Vi
Class 39	Transport, logistics, warehousing, and courier services	DHL, FedEx, Delhivery
Class 41	Education, training, entertainment, and publishing	BYJU’S, Netflix, Unacademy
Class 42	Scientific & IT services, software development, SaaS, AIaaS	Microsoft, Infosys, TCS, OpenAI
Class 45	Legal services, security services, and social networking	Law firms, security agencies, and online dating platforms

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