aboutClass 35 Service TrademarkHow much do you know about the registration application?

Choosing a trademark category is a necessary step in the trademark application process. In our work, we have found that many applicants are often confused at this stage of trademark application, unable to distinguish which category they should choose. Sometimes even many professionals often have misunderstandings about the 35th category of trademarks, providing incorrect information to the applicant, resulting in the failure of the trademark application and requiring repeated revisions. This has delayed the applicant's business layout.

To help everyone apply for trademarks more efficiently and quickly, we will provide a detailed introduction below:

Interpretation of Registration Application for Class 35 Service Trademark

We will introduce to you from the following four aspects:

1、 Introduction to Nice Classification and Classification Table

2、 Key Explanation: Classification Principles and Key Project Definitions for Class 35

3、 Practical tip: How to apply for Class 35 service projects

4、 FAQ: Common Questions about Class 35 Service Trademarks

Let's continue reading below for more details

1、 Introduction to Nice Classification and Classification Table

International Classification of Goods and Services for Trademark Registration (Nice Classification)

（1） Nice classification

1. Goal

Committed to establishing a universal classification system

Promote international trademark registration

Convenient trademark retrieval and management

2. Effectiveness

In addition to the member states of the Nice Alliance, member states have the obligation to use and indicate

Non member states and international organizations may use

3. Revision

The expert committee composed of representatives from each member state shall make revision decisions once a year

（2） Classification Table of Similar Goods and Services

1. Formation:

(1) According to the regulations of the Nice Classification, the system, content, and rules of the Nice Classification have been basically adopted

(2) Based on the actual situation of goods and services in China, some names of goods and services with Chinese characteristics have been added

(3) According to the actual situation of trademark registration in China, similar groups have been divided into various categories of goods and services, which is a major feature of China's classification work

2. Main function

Refer to the Nice classification for classification, and refer to the "Classification Table for Similar Goods and Services" for similar relationships

(1) As a reference for trademark registration applicants to judge similar goods and services when applying for trademark registration and maintaining trademark rights and interests

(2) As a reference for trademark staff to judge similar goods and services when accepting and reviewing trademark registration applications

(3) As a reference for administrative agencies to judge similar goods and services when handling trademark administrative cases

(4) As a reference for judicial authorities to judge similar goods and services when handling trademark litigation cases

3. Basis for Declaration of Trademark Service Project Name

(1) Category title: In principle, it indicates the scope of goods or services classified in this category

(2) Category annotation:

Provide ideas for determining the names of goods and services projects

Identify the attributes of the goods or services primarily included in this category

Clarify the content of this category by listing "especially including" and "especially excluding"

(3) If classification is still not possible, classification principles and standards should be applied

2、 Classification principle of Class 35Definition of Key Projects

（1） Starting from the definition of the term 'service'

Service - a paid or unpaid activity of performing duties, doing things for others, and benefiting others, not in physical form but in the form of providing labor to meet a special need of others.

1. Regardless of whether the project name includes the word 'service' or not, it is considered a service project

Advertising=Advertising Services Auction=Auction Services

★ Business Management x Business Management Assistance √

2. Regardless of whether the project name includes "for others" or not, it is still providing services for others

Search for Sponsorship=Search for Sponsorship for Others Personnel Recruitment=Conduct Personnel Recruitment for Others

3. Same as' for others', but may belong to different categories due to different service recipients

Purchasing for others (purchasing goods or services for other enterprises) - Class 35 ≠ Providing personal shopping services for others - Class 45

4. Both paid and unpaid services can be applied for

5. Not in physical form: Providing goods is not a service

It should be noted that:

The main purpose of Class 35 services is to assist others in their related business operations or management, to manage the business activities or functions of others' industrial and commercial enterprises, and to provide advertising and promotional services to the public through various means of communication. The important feature of this type of service is that the related services are provided for others, rather than engaging in related behaviors for the business needs of the rights holder themselves.

（2） Interpretation based on the classification principle of Class 35

1. Category title: In principle, it indicates the scope of goods or services classified in this category

advertisement; Business operation, organization, and management; Office affairs

2. [Note]: To provide ideas for determining the names of goods and services, indicate the attributes of the goods or services mainly included in this category

Clarify the content of this category by listing "especially including" and "especially excluding"

The 35th category mainly includes services related to business management, operation, organization, and administrative management of commercial or industrial enterprises, as well as advertising, marketing, and promotional services. According to classification requirements, the sale of goods is not considered as a service.

3. When the business activity is only to sell other people's branded products to earn a certain price difference, the business activity it engages in actually belongs to retail

4. This category particularly includes:

——Classify various goods for others (excluding transportation) for customers to browse and purchase; This service can be provided by retail stores, wholesale stores, vending machines, mail order catalogs, or through electronic media, such as through websites or TV shopping programs

5. This category particularly includes:

——Commercial management of franchising

(1) The concept of commercial franchising refers to the business activities of an enterprise (franchisor) that owns registered trademarks, corporate logos, patents, proprietary technologies, and other operating resources, and licenses its operating resources to other operators (franchisees) in the form of a contract. The franchisee operates under a unified business model in accordance with the contract and pays franchise fees to the franchisor.

The franchisor shall provide the franchisee with a franchise operation manual and continue to provide business guidance, technical support, business training, and other services to the franchisee in accordance with the agreed content and methods.

(2) Franchise services: In principle, they are classified in the same category as the services provided by the franchisor

6. This category specifically does not include

——Graphic design of advertising materials (Class 42)

Belonging to the 35th category of easily confused items:

① Rental of advertising materials

② Write advertising text

③ Advertising layout design

7. Interpretation of Key Projects

(1) Advertisement

It refers to advertising, producing advertisements, or providing advertising planning services for the products or services of others

Not including directly advertising and promoting one's own products or services, or inviting others to advertise, plan, edit, produce, and disseminate one's own products or services

In the process of promoting their own products or services, the parties may advertise and promote the trademarks of the goods or services they actually operate

(2) Selling Nice Basic Number to Others: 350071 Nice Project English Original Text: sales promotion for others

sales promotion：

★ is a marketing strategy where businesses use temporary events or quotes to increase interest or demand for their products or services

★ is a promotional activity aimed at enhancing consumer purchasing and transaction efficiency, in addition to personnel sales, advertising, and public relations

★ Measures taken: discount discounts, large-scale auctions, big sales, lucky draws, etc

Promote goods and services to others through the distribution of printed materials and promotional competitions

It should be noted that! Selling for others ≠ Sales ≠ Store

(3) Selling for others

The use of a trademark on the storefront is for the purpose of selling the goods produced by oneself, and does not constitute the use of "promoting for others" services. When other market entities claim infringement based on the trademark approved for other goods or services, even if the accused infringer obtains a registered trademark for "promoting for others" services, this behavior may still constitute infringement or unfair competition against the registered trademark of others

(4) Provide an online marketplace for both buyers and sellers of goods and services

It refers to the provision of an online platform by relevant commercial entities for both buyers and sellers, where a collective market is formed by the goods and services provided by sellers gathered on the platform. Buyers can purchase the desired goods or services by logging into the platform. This does not include opening online stores for sales activities. Typical entities engaged in providing online market services for both buyers and sellers of goods and services mainly include e-commerce platforms that provide online trading platforms for both parties

(5) 3509 Retail or wholesale services for drugs and medical supplies

It refers to the collection and classification (excluding transportation) of goods that require national approval and qualification certificates for retail or wholesale, such as drugs, pharmaceutical preparations, hygiene preparations, medical supplies, veterinary drugs, veterinary medical preparations, etc., for customers to see and purchase. This service refers to the comprehensive and convenient service provided for the above-mentioned special goods to enter the circulation field, excluding specific goods such as drugs and pharmaceutical preparations. Typical entities engaged in retail or wholesale services of drugs and medical supplies mainly include those providing retail services for medical supplies

Drug distribution: pharmaceutical factory → pharmaceutical agency company → hospital or pharmacy → consumer

The sales channels and sales models are relatively fixed; Producers/sellers/consumers should not be confused; Clear differentiation of goods/services

3、 How to declareClass 35 Service Projects

（1） Principles and standards for service classification

1. Basic principle: Classify according to the industry listed in the service category title and its annotations

If not listed, you can refer to other similar service classifications

2. Rental services: In principle, they are classified under the same category as services provided through rental properties

3. Providing advice, information, or consultation services: In principle, they should be classified under the same category as the affairs involved in providing the services.

Providing advice, information, or consultation electronically (such as by phone or computer) does not affect the classification of such services.

4. Franchise services: In principle, they are classified in the same category as the services provided by the franchisor

（2） Application of service classification principles and standards in Class 35

1. Basic principle: Classify according to the industry listed in the service category title and its annotations

If not listed, you can refer to other similar service classifications

Example: Document copying and document binding

2. Rental services: In principle, they are classified under the same category as services provided through rental properties

For example:

Rental of courtyard billboards → Billboards serve the purpose of posting and publishing advertisements → Category 35

Typewriter rental → Typewriter implements office typing tasks → Class 35

Cash register rental → Cash register implements commercial sales pricing and settlement services → Class 35

3. Providing advice, information, or consultation services: In principle, they should be classified under the same category as the affairs involved in providing the services. Providing advice, information, or consultation electronically (such as by phone or computer) does not affect the classification of such services.

For example:

①

Provide customers with information and advice on choosing to purchase cosmetics → Category 35

Online or face-to-face makeup consultation services → Class 44

②

Provide hotel user rating information online for commercial or advertising purposes → Category 35

Provide hotel information through the website → Category 43

4. Franchise services: In principle, they are classified in the same category as the services provided by the franchisor

4、 Frequently Asked Questions about Class 35 Service Trademarks

1. How to determine whether to apply for Class 35?

Answer: Class 35 is a service category. That is to say, the trademark will be used for providing services, not for goods. We would like to emphasize that the 'service' referred to here is provided to third parties, not to the applicant themselves, nor is it a necessary or ancillary project of the applicant's own business.

2. Does e-commerce require registration for Class 35?

Answer: It's not necessary

The company's official website is often regarded by the Trademark Office as an informational webpage, solely for the applicant's own promotional purposes, and cannot prove the trademark's use in Class 35. If the Amazon sales webpage provided by the customer is only used to sell their own products, then according to the definition of the term "service" above, this cannot prove that the applicant provides online sales services.

In practice, we have found that the examination intensity of trademark office examiners for online sales evidence is not consistent, resulting in different examination results. Indeed, customers have provided Amazon's sales webpage and passed the review, but not everyone has such good luck. Once an OA is issued, it often faces significant difficulties in supplementing evidence materials in the future.

Many domestic customers have misconceptions about Class 35, thinking that as long as they are engaged in e-commerce and selling things online, they need to register for Class 35. But in fact, Class 35 is more suitable for service providers on e-commerce platforms, such as major independent websites. They sell various brands and types of goods on their own online platform, providing e-commerce retail services for other brands, corresponding to the "online retail store services feature a wide variety of consumer goods of others" defined by the Trademark Office. But if the applicant only sells their products through the Amazon platform, registering them in the corresponding product category is in compliance with the requirements of the Trademark Office.

3. What kind of material can prove that Class 35 has been used in commerce?

Answer: The Trademark Office requires the applicant to provide evidence that shows a direct connection between the trademark and the services it provides.

At present, it is relatively easy to pass the review of relevant certificates that can prove the applicant's sales and provision of registered service projects, including but not limited to service contracts, service project descriptions or brochures, on-site photos of the services provided, etc. These pieces of evidence must provide a very intuitive proof of the service items involved in the application. The more diverse and complete the evidence, the easier it will be to pass the review. A single piece of evidence is often issued an OA by the examiner requesting additional material evidence.

4. Is Class 35 of trademark classification universal?

Answer: No.

The role of a trademark is to distinguish the sources of different goods or services and protect the intellectual property rights of merchants. Therefore, a trademark can only be registered and used for specific goods or services, and cannot be applied to all fields.

The scope of use of a trademark is very important in trademark registration applications. If a merchant wants to use their trademark in multiple fields, they need to select multiple categories when applying and pay corresponding fees for each category. If only 35 service categories are selected, then this trademark can only be used for services under that category and cannot be used in other fields.

summarize

Regarding Class 35 trademarks, many people often confuse them with Class 44 and Class 43 due to insufficient understanding and lack of in-depth research. As a result, there may be situations where the review is not qualified. Sometimes, even if the examination is approved, there may be many unfavorable situations when using the trademark in the future.

Therefore, understanding the trademark registration rules for each category is a necessary skill for every professional agent; Knowing which category the target product belongs to is a prerequisite for each applicant to successfully apply.

Data source:

Trademark Office Application Business Management Division

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