Trademark Class 35 is a service category that includes a range of business and professional services. Most of the included services help run, manage, or advertise a commercial or industrial enterprise. Class 35 includes services for advertising, business management, administration and office functions. It mainly includes services provided by individuals or organizations, mainly to (assist in the operation or management of a commercial enterprise); (assist in the management of the commercial affairs or business functions of an industrial or commercial enterprise) or (assist in advertising such commercial services).
For a complete list of all Class 35 products, see below. For more information on trademark law and the federal trademark registry, see Nolo's articles on Trademark Act. A coordinated class is one that is related to another class, generally because the PTO has determined that applicants who submit an application within Class 35 often do so in the coordinated classes as well. A sample for the service should show the use of the brand in a way that prospective buyers perceive as an identification of the requester's services and indication of their source.
When the trademark is used in advertising the services, the sample must show an association between the brand and the services for which registration is sought. A sample showing only the brand, without reference to the services, does not show the use of the service mark. When you offer a service, you don't have any product that you can attach a label to. Acceptable samples for services include a variety of materials that cannot be used for product brands.
This includes scanned copies of advertising and marketing materials, such as newspaper and magazine advertisements, brochures, billboards, direct mail items, and menus (for restaurants). Letterhead and business cards showing the brand can be used if the services are clearly reflected in them, because the name or symbol claimed as a trademark would, in that context, be used to identify the services provided, that is, as a brand rather than a trade name. A paper letter will even be accepted as a sample for a service mark if the mark appears and the services are described in the letter. In the case of services provided over the Internet, a screenshot of the entire web page should suffice.
If the brand appears prominently on the home page, all the better. You might wonder about the role of audio as an acceptable specimen. Most brands appear in writing in. If your brand represents a service and only appears in radio ads or some other form of audio, you can submit a sound file of the audio.
The United States Patent and Trademark Office (USPTO) uses the international Nice Classification system, which has 45 classes of products and services. Class 12 includes all vehicles and vehicle parts that help transport people and goods by land, air, and water, such as airplanes, ships, cars, and many other vehicle-related brands. The total filing fees are determined by the number of trademark classes you publish in your application. Therefore, if you apply for a trademark for posters (Class 1) and t-shirts (Class 2), in addition to advertising (Class 3), you must pay all three fees.
You also need to know other related classes that you can list to get the maximum possible trademark protection. For example, educational services directed to businesses must apply for a Class 41 (Education and Entertainment) trademark, either exclusively or in addition to a Class 35 trademark. Because its guidelines are so broad, the USPTO examines services in the Class 35 trademark category more carefully than others. The Patent and Trademark Office (USPTO), the federal agency responsible for trademark management, divides trademarks into 45 different classes of products or services.
You may also need information about the class number to limit your search in the PTO trademark database. It's common for intellectual property owners to apply for a Class 35 mark when they really need another class. You will be asked to indicate the class your brand belongs to when you submit your trademark application. Trademark Class 27 covers all forms of floor coverings, from rugs, carpets and rugs to various types of linoleum and sports and outdoor floors.
The Class 10 trademark broadly protects names and brands related to various medical devices, such as prostheses and surgical supplies. If you're not sure if your trademark will violate one that's already in the database, you'll need to talk to your lawyer or file a lawsuit in a different lawsuit. . .
