Trademark Class 35: Advertising, E commerce Business & Marketing Services

trademark class 35

India’s digital-first growth story is driven by service providers as much as by product companies. If you run an e-commerce platform, advertising agency, marketing consultancy, retail chain, or support office your brand’s reputation is your biggest asset. Securing it means more than just paying for a logo: it means registering your brand under the correct trademark class. For service-based or business operations, that class is Trademark Class 35.

What Is Trademark Class 35? The Simple, Real-World Explanation

In every country, businesses must register their trademarks under specific categories called “Classes”—depending on the goods or services linked to their brand. Trademark Class 35 is the category for businesses who don’t just sell products, but who support the sale of products and services for others. Think about marketing agencies, recruitment firms, e-commerce portals, consultants, office management companies, and event organizers.

In simpler terms: Class 35 covers any business that makes money by helping others sell, find, manage, or promote goods and services. You may not manufacture or own the goods yourself but you’re the one responsible for getting them into the world.

Example:

  • Flipkart, Amazon, Nykaa (Online retail platforms—don’t make the products, but connect buyers and sellers)
  • Ogilvy, Dentsu (Advertising & marketing—promote someone else’s product)
  • ABC Consultants (Recruitment, placing people in companies)
  • McKinsey, Bain (Business strategy consulting, not producing goods but advising businesses)

Why Class 35 Matters More Than Ever for Indian Businesses

Indian business especially online is prone to trademark abuse:

  • Competitors can copy your name or website and lure away customers.
  • Fraudsters may set up fake ‘support’ portals and damage your reputation.
  • Marketplaces are full of similarly-named stores and agencies, leading to confusion or disputes.
  • Expansion into new regions (or even overseas) is impossible if you don’t own your own trademark.

A registered Class 35 mark gives you:

  1. Legal Weaponry: The right to sue infringers, get government support, and stop copycats.
  2. Trust and Authority: Recognition in B2B and B2C circles that your business is authentic and professional.
  3. Growth Power: The ability to easily create franchises, partnerships, and license your brand knowledgeably.

List: What Types of Services Are Covered By Trademark Class 35 in India?

Here’s a practical, easy-to-browse list every Indian business owner should know:

1. Advertising & Marketing Services

  • Creation and placement of ads (print, TV, radio, digital)
  • Social media marketing and digital strategy
  • Search engine optimization (SEO) and search engine marketing (SEM)
  • Public relations (PR) and corporate communications
  • Influencer campaigns and brand activation

2. Business Management & Consultancy

  • Business strategy consulting
  • HR and staffing services, including recruitment and talent acquisition
  • Business operations and process outsourcing (BPO)
  • Project management for clients (not physical construction)
  • Startup incubation and management support

3. E-commerce, Retail & Wholesale Operations

  • Online marketplaces and aggregator platforms
  • Franchise management (helping others set up branches of your brand)
  • Hypermarkets, supermarkets, and retail store chains
  • Shop window dressing, display curation, visual merchandising

4. Marketing Research and Loyalty Programs

  • Conducting market research, opinion polling, and analytics
  • Administering loyalty schemes and rewards programs
  • Customer data analysis and CRM advisory

5. Office Functions, Outsourced Services

  • Secretarial and administrative services (data entry, payroll processing, scheduling)
  • Outsourced office support (BPO, KPO, virtual assistant)
  • Bookkeeping, business record management

6. Demonstration & Sampling

  • Organizing product demonstrations (in-mall, in-store, roadside, digital pop-ups)
  • Free sample distribution and influencer testing programs

7 Event and Exhibition Services

  • Trade show, exhibition, and conference management
  • Corporate event activation (setting up stalls, organizing launches)
  • PR for events and on-ground marketing activities

8 Import-Export Agency Services

  • Arranging and managing import/export on behalf of others
  • Sourcing goods, procuring international suppliers

Key Things Not Covered by Class 35 (To Avoid Filing Mistakes!)

  • Manufacturing or selling of physical goods (shoes, electronics, groceries, etc.)—those require product classes (e.g., Class 25, 29, 30)
  • Pure software development/web design—belongs under Class 42
  • Accounting, auditing, or legal services—need separate classes (36/45)
  • Logistics and transportation—covered under Class 39
  • Direct financial/insurance services—Class 36
  • Food production, hospitality, catering—Class 43

Remember: Describing your actual role and business work is crucial. Registering under the wrong class can make your trademark useless in a real dispute!

Real-Life Use Cases: Who Needs to Register Under Trademark Class 35 in India?

  1. Digital-First Retailers:
    If you run a platform like Flipkart, Amazon, Nykaa, BigBasket, or even a small D2C shop on Shopify, Class 35 secures your identity as a marketplace or seller of others’ goods.
  2. Advertising & Digital Marketing Agencies:
    From giants like Ogilvy or Dentsu to a two-person SEO consultancy or Instagram marketing firm—if you help others promote their business, this class is for you.
  3. Management & BPO Companies:
    Those handling third-party operations, HR, admin, or office work for other brands (e.g., Genpact, Quess Corp, WNS).
  4. HR & Recruitment Firms:
    Head-hunters, staffing firms, LinkedIn-style talent platforms, portals matching candidates with employers.
  5. Retail Chains, Franchisors, and Supermarkets:
    D-Mart, Reliance Retail, Shoppers Stop, Spencers—brands that operate stores selling multiple brands or help others open stores via franchise.
  6. Event Management Companies:
    From NESCO’s expo grounds to the company that organizes your industry’s next big trade fair—Class 35 secures their B2B branding rights.

How to Register a Trademark in Class 35: Step-by-Step Guide

Step 1: Trademark Search

Before anything else, check if your intended business name or logo is unique using an official search tool. 

Step 2: Documentation Collection

Prepare your brand name or logo (preferably both), a detailed description of your services (write specifically!), and your business details (company or individual documents, address, etc.). If you’ve used the brand in the past, collect some proof (ads, website printouts, invoices).

Step 3: TM-A Application Filing

Electronic filing via the government portal is fast, affordable, and recommended. Mention “Class 35: Advertising, business management, business administration, office functions, retail and wholesale services” and itemize your business processes as you described them.

If you need guidance, Kaagzaat’s trademark registration experts can help.

Step 4: Examination Phase

The Indian Trademark Registry will review your application. If it finds problems (e.g., confusion with another mark, too generic a name, legal objections), you will receive an Examination Report.

Step 5: Objection Reply (If Required)

Get professional help for drafting your objection reply, explain your business, and support your uniqueness. Timely response is crucial.

Step 6: Journal Publication (4 Months)

If the examiner is satisfied, your mark will be published, inviting public opposition. This period allows third parties to object if they believe your mark infringes on theirs.

Step 7: Registration Certificate

If uncontested (or after resolving any opposition), you receive your registration certificate—valid for ten years, indefinitely renewable with timely trademark renewal.

Documentation & Fees (2025 Update)

  • Documents Required: Logo image, detailed service list, applicant identity/address, business incorporation proof (for companies), Power of Attorney (if using an attorney/agent)

Govt. Fees: ₹4,500 (startups/MSME/individuals) or ₹9,000 (private/public ltd company) per class, per mark. Pay online for rapid processing.

Legal Strategy: Tips for Long-Term Class 35 Protection

Be Specific But Broad Enough

Describe your business so your registration covers every area you might expand into:
Example—“E-commerce of retail and wholesale goods, online marketing consultancy, event management, import-export agency.”

  1. Register Both Word and Logo

Don’t just trademark the name; register the logo as well. This double protection is key if you ever rebrand or face imitators mimicking your visual look.

  1. Monitor for Infringers

Regularly check the marketplace and registry for anyone using a confusingly similar name or logo.

  1. Defend and Renew Promptly

Never delay your trademark renewal or legal enforcement. If you see unauthorized use, consult your legal team and send a cease-and-desist or file suit as needed.

  1. Expand Internationally with Madrid Protocol

If you plan to take your brand overseas, ask your advisor about international registration under the Madrid System. This single application can cover 100+ countries.

List: Top Indian Brands Registered Under Class 35

  • Flipkart: E-commerce, marketplace management, retail operations
  • D-Mart: Hypermarket and supermarket retail chains
  • Shoppers Stop: Department store group, franchise and brand management
  • Tata Cliq: Multi-brand online fashion retail services
  • Nykaa: Beauty and wellness e-commerce
  • BigBasket: Online grocery retail, supply chain intermediary

These companies don’t just sell products; their main value is in connecting, managing, and enhancing the buyer-seller relationship—a classic Class 35 profile!

Best Practices and Common Mistakes

Best Practices:

  • Use specific but flexible descriptions: Cover your current services and planned future offerings.
  • Register brand name and logo for comprehensive safety.
  • Keep all proof of use and marketing material—these help if disputes arise.
  • Actively monitor your mark and defend it legally, especially online.
  • Renew before expiry to maintain your monopoly.

Common Mistakes:

  • Using generic terms for your business (e.g., “Best Consulting”)—often refused or too weak for enforcement.
  • Thinking a trademark replaces a business registration or compliance.
  • Failing to update address/ownership or rebrand details in the registry.
  • Letting renewals lapse and losing long-term rights.

Conclusion

Trademark Class 35 is the legal safety net for India’s most innovative, people-driven companies. Whether promoting products, operating marketplace platforms, or managing business services, this trademark class lets you protect what matters most your brand’s goodwill, identity, and reputation. In an era defined by online growth, disruptive marketing, and hyper-speed change, don’t wait for a problem to start thinking about your trademark. Get proactive—search, register, and defend your brand now.

For hand-holding service and expert advice, explore Kaagzaat’s trusted resources and professional help. It’s your brand the foundation of your growth. Make it secure for the next decade and beyond.