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.
• Class 35 suits businesses that promote, manage, or administer commercial activity, from digital marketing agencies to online marketplaces.
• Vague descriptions such as “retail services” alone are a common cause of examination objections. Describe the service precisely, for example, “online retail services in relation to clothing”.
• Class 35 does not cover financial services (Class 36), transport and logistics (Class 39), education (Class 41), IT and software (Class 42), or legal services (Class 45).

What is Trademark Class 35 in India?

Class 35 covers services that run, promote, or support a business, and not the products a business sells. The nearest confusion is retail. A retail service brings together a variety of goods for the benefit of others, so customers can view and buy them in a shop, on a website, through a catalogue or from a vending machine. The brand for that service goes in Class 35, while the goods on the shelf go in their own product classes, such as Class 25 for clothing. An advertising agency or consultancy has no product at all, so its service is the whole of what the class protects.

Trademark registration matters in this class because agencies, consultants and marketplaces trade on a name and not on a physical product. Section 28(1) gives the owner the exclusive right to use the mark for the services listed in the application, so the description should name each service precisely. Under Section 29, the owner can act against another business that uses an identical or similar mark for the same or similar services.

What Services are Covered Under Trademark Class 35?

The Nice List for Class 35 groups services by the business function they support. The table below shows the main categories with the entries filers use most often:

Category	Examples
Advertising and Promotional Services	Advertising and publicity, production of advertising films, bill-posting, outdoor advertising, dissemination of advertising matter, writing of publicity texts, rental of advertising space
Digital Advertising Services	Pay-per-click advertising, online advertising on a computer network, search engine optimisation for sales promotion, website traffic optimisation
Traditional Media Advertising	Radio advertising, television advertising, direct mail advertising, advertising by mail order
Marketing and Sales Promotion	Marketing, sales promotion for others, demonstration of goods, distribution of samples
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, transcription of communications, bookkeeping
Accounting, Tax and Auction Services	Accounting, tax preparation, auctioneering
Market Research and Data Services	Marketing research, market studies, business research, compilation of information into computer databases
Procurement and Information Services	Procurement services for others, commercial intermediation services, providing commercial information and advice for consumers, arranging newspaper subscriptions for others
Retail and Wholesale Services	Retail services for named goods, such as retail services relating to bakery products, and wholesale services for named goods, such as wholesale services for pharmaceutical, veterinary, sanitary preparations, and medical supplies
E-commerce and Marketplace Services	Provision of an online marketplace for buyers and sellers, presentation of goods on communication media for retail purposes, price comparison services
HR and Recruitment Services	Employment agency services, personnel recruitment, personnel management consultancy, psychological testing for the selection of personnel
Trade Events and Exhibitions	Organization of trade fairs, organization of exhibitions for commercial or advertising purposes
Import-Export and Licensing Administration	Import-export agency services, commercial administration of the licensing of the goods and services of others
Business Information Management	Sponsorship search, public relations, economic forecasting

What Trademark Class 35 Does Not Cover?

Class 35 does not cover products or services such as software development, education, and finance. These fall under separate trademark classes, as shown below:

• Financial, insurance and real estate services: Banking, investment of funds, insurance underwriting, property rental and appraisal, and mortgage banking. These fall under Class 36.
• Telecommunication and broadcasting services: Telecommunications services, radio and television broadcasting, and providing connections to a global computer network. These belong to Class 38. Radio advertising and telemarketing stay in Class 35.
• Transport and logistics services: Storage of goods, warehousing, freight, courier and parcel delivery, packaging of goods and transportation logistics. These fall under Class 39. Advertising for a transport company stays in Class 35.
• Software development and IT services: Building applications, coding, software as a service and technical IT development. These belong to Class 42. Business research and word processing stay in Class 35.
• Scientific and engineering services: Laboratory research and engineers’ evaluations, estimates and reports in scientific and technological fields. These fall under Class 42. The Class 35 note excludes engineers’ evaluations and reports that do not directly concern the working or management of a business.
• Education, training and event services: Coaching, educational services, workshops, professional training programmes and events for cultural or educational purposes. These fall under Class 41. Trade fairs and exhibitions for commercial or advertising purposes stay in Class 35.
• Legal and security services: Legal advice, litigation support, drafting of legal documents, and security and surveillance of people and property. These fall under Class 45. Business investigations and the negotiation of business contracts for others stay in Class 35.

How to Register a Trademark Under Class 35 in India?

To register a trademark under Class 35 in India, applicants must select the relevant services, prepare the required documents, and file Form TM-A through the IP India portal. The application then undergoes examination, publication, and registration, subject to any objections or opposition.

The seven steps below follow the order of the process, from the search to the certificate:

1. Search and confirm Class 35: Class 35 covers advertising, business management, business administration, office functions, and retail services. Search the Indian Trademark Registry and the WIPO Global Brand Database for conflicting marks in Class 35 and in the class of any goods you sell. The RegisterKaro Free Trademark Search tool gives a quick first screen.
2. Describe your services and prepare the documents: Describe each service by what it is, such as “online retail services relating to clothing” or “advertising agency services”. Keep identity and address proof, the logo file, any Udyam or DPIIT certificate for the lower fee, Form TM-M if an agent files (Section 145), and a Rule 25(2) affidavit if you claim prior use. The full list of documents required for trademark registration shows each item.
3. File Form TM-A in Class 35: Submit Form TM-A on the IP India e-filing portal, select Class 35, and pay the fee. A brand that also sells goods can add the goods class in the same application (Section 18(2)). You can use the ™ symbol while the application is pending.
4. Reply to objections: The Examiner tests the application against Sections 9 and 11, and a name that only describes the service can draw a Section 9 objection. File the reply within one month (Rule 33(4)), and a hearing follows if the objection stands. You can read more on trademark objection replies.
5. Publication, opposition and certificate: An accepted mark is advertised in the Trade Marks Journal (Section 20(1)). Third parties have four months from advertisement to oppose on Form TM-O, with no extension (Section 21(1)), and the counter-statement is due within two months (Rule 44(1)). A mark with no successful opposition is registered, and the sealed certificate follows (Section 23). Use ® only after registration, since false claims attract a penalty under Section 107 (as amended by the Jan Vishwas Act, 2023) of 0.5% of turnover or gross receipts, or ₹5 lakh, whichever is less.

A Class 35 trademark registration remains valid for 10 years from the application date under Section 25 of the Trade Marks Act, 1999. Each renewal extends protection for another 10 years. If the mark is removed, restoration may be requested after six months but within one year of expiry through the trademark renewal process. 

Monitor the Trade Marks Journal and the market regularly so you can act early 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 all other applicants. The First Schedule of the Trade Marks Rules, 2017 sets the Form TM-A fee for each class and each mark. 

The table below shows the amount by applicant type:

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), within the Rule 2(1)(v) limit	₹4,500	₹5,000
Company / LLP / Partnership Firm	₹9,000	₹10,000

Under Rule 2(1)(v) of the Trade Marks Rules, 2017, an enterprise up to the medium-enterprise limits under the MSMED Act, as shown by its Udyam certificate, can claim the concessional (₹4,500) filing fee. Check your Udyam certificate and eligibility before filing. If you fall outside it, trademark registration fees in India are ₹9,000 online or ₹10,000 for physical filing.

The government fee applies per mark and per class. For example, a company paying the standard rate for Class 35 and Class 42 would pay ₹18,000 for online filing. Professional charges are additional and may cover trademark searches, class selection, document preparation, application filing, and responses to Registry objections.

The Registry can revise these amounts, so check the current figures on the IP India fees page before you pay. 

Trademark Class 35 Comparison with Other Classes

Businesses often confuse Class 35 with other service classes in the trademark class list, especially when their work spans more than one area. The table below sets Class 35 beside the six classes it is most often mixed up with, and shows the test for choosing each. If your services span more than one class, the trademark class search tool helps confirm the right class before filing and avoids objections or coverage gaps:

Class	Covers	Typical Services	Choose It When the Customer Pays For
Class 35	Advertising, business management, business administration and office functions	Marketing campaigns, business consultancy, recruitment, online marketplaces	A business service, or a shopping service that brings goods together
Class 36	Financial, monetary, insurance and real estate affairs	Banking, insurance underwriting, mortgage banking, real estate appraisal	A financial, insurance or property service
Class 38	Telecommunications and broadcasting	Radio broadcasting, providing connections to a global computer network	A way to communicate or receive transmissions
Class 39	Transport, packaging and storage of goods, and travel arrangement	Courier services, warehousing, parcel delivery	Moving, storing or delivering goods or people
Class 41	Education, training, entertainment and publishing	Coaching, educational services, publication of books	Learning, entertainment or content
Class 42	Scientific and technological services, and software	Software as a Service (SaaS), Artificial Intelligence as a Service (AIaaS), software development, IT consulting	Technical, scientific or IT work
Class 45	Legal, security and personal social services	Legal services, security services, online social networking	A legal, security or personal social service

Not Sure How to Describe Your Class 35 Services? A vague description like “retail services” is a common cause of Registry objections, and protection covers only the services you list. Contact us today to get your Class 35 application worded around what your business actually offers, and filed the first time correctly.