Deciphering Class 35 of Nice Classification for trademarks:
Trademark Class 35 is one of 45 NICE Classifications used to identify and classify products and/or services.
Class 35 for trademarks a brief description:
Class 35 includes mainly services involving business management, operation, organization, and administration of a commercial or industrial enterprise, as well as advertising, marketing, and promotional services.
Class 35 for trademarks header:
The Nice Class Headings describe in very broad terms the nature of the goods or services contained in each class. The Class 35 class header includes: Advertising; business management, organization, and administration; office functions.
Famous brands protected on Class 35:
Amazon technologies
Deutsche Telekom AG
Target Brands, Inc.
Apple Inc.
Volkswagen Aktiengesellschaft
TURKCELL İLETİŞİM HİZMETLERİ ANONİM ŞİRKETİ
Google
Mastercard International Incorporated
Alibaba Group Holding Limited
Trademark Class 35 particularly includes:
The bringing together, for the benefit of others, 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 catalogs, or utilizing electronic media, for example, through web sites or television shopping programs;
Advertising, marketing, and promotional services,
Shop window dressing;
Public relations services;
Production of teleshopping programs;
Organization of trade fairs and exhibitions for commercial or advertising purposes;
Search engine optimization for sales promotion;
Commercial assistance services,
Administration services relating to business transactions and financial records,
Commercial administration of the licensing of the goods and services of others;
Services consisting of the registration, transcription, composition, compilation, or systematization of written communications and registrations, and also the compilation of mathematical or statistical data;
Office functions.
Trademark Class 35 does not include:
Financial services, for example, financial analysis, financial management, and financial sponsorship Class 36;
Real estate management Class 36;
Stock brokerage services Class 36;
Transportation Logistics Class 39;
Energy auditing Class 42;
Graphic design of promotional materials Class 42;
Legal services concerning the negotiation of contracts for others Class 45;
Licensing of intellectual property, legal administration of licenses, copyright management Class 45;
Registration of domain names Class 45.
Trademark classes are coordinated and similar to class 35:
Audiovisual and information technology equipment, Class 9
Advertisement boards of paper or cardboard, Class 16
Advertisement columns, not of metal, Class 19
Telecommunication services, Class 38
Science and technology services, Class 42
Legal and security services, Class 45
The classes mentioned above are considered coordinated classes, which means that trademarks usually protected on Class 35 are often protected on these classes as well. It is important to note that you should use your trademark in each registered class, otherwise, you risk losing trademark protection.
Some of the more recent changes in the Nice Classification related to Class 35
The services listed below were recently added to Class 35 of the Nice Classification:
Business consulting services for digital transformation
Business intermediary services relating to the matching of various professionals with clients.
Reception services for visitors [office functions]
Preparation of business profitability studies
Providing telephone directory information
Arranging subscriptions to electronic toll collection [ETC] services for others
Conducting commercial events
Data processing services [office functions]
Rental of cash registers
Lead generation services
Computerized management of medical records and files
Online ordering services in the field of restaurant take-out and delivery
Advertising services to create a brand identity for others
Promotion of goods through influencers
Influencer marketing
Trademark Class 35 and the Metaverse:
The physical and digital worlds overlap in the metaverse. In other words, the metaverse provides virtual experiences which allow users to access brands via the internet through augmented and virtual reality. Brands ranging from luxury fashion to fast food restaurants have successfully integrated themselves into the metaverse. These brands have launched successful marketing campaigns in the metaverse, including NFTs, virtual games, and viral stunts. As the number of users on the metaverse continues to grow, it’s no surprise that the metaverse should be part of every marketer’s advertising channel.
Hierarchy of services in class 35 for trademarks:
The EUIPO, in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy has no legal effect in trademark examination or the comparison of goods and services; it was only created as an assistive tool.
Advertising, marketing, and promotional services.
Commercial trading and consumer information services.
Business assistance, management, and administrative services.
Business analysis, research, and information services.