Trademark Class 35: Advertising, retail and business services
The most commonly forgotten class in the entire system. Selling products is one thing; running the shop you sell them in is a separate service, and this is it.
“Advertising; business management; business administration; office functions.”
Official class heading, Nice Agreement, Eleventh Edition. Published by the USPTO.
Typical goods and services in class 35
- Retail and online store services
- Advertising, marketing and social media agencies
- Business consulting and management
- Accounting, bookkeeping and payroll
- Recruitment and staffing
- E-commerce and marketplace services
Example of pre-approved USPTO wording for this class: Advertising and marketing services. Using the USPTO’s own ID Manual language keeps your filing fee at the base rate — describing your goods in your own words carries a surcharge of $200 per class.
Commonly confused with class 35
These look like they belong here and do not. Each one is a separate class with a separate $350 government fee, and a class cannot be added to an application once it has been filed.
The products you sell, which take their own goods class
Takes its own class, depending on what the product is.
Financial, lending and insurance services
Class 36 — Financial, insurance and real estate services
Software development and IT services
Class 42 — SaaS, IT and design services
Education and training
Class 41 — Education, training and entertainment
If you sell your own products through your own website or shop, you are almost certainly operating in class 35 as well as in the class covering the products. Leaving it off is the single most common gap we see in self-filed applications.
Filing in one class
A single-class application in class 35 costs $350 in USPTO government fees, paid to the government, plus our flat fee of $199 — $549 in total. Every additional class is another $350. Government fees are current as of 18 January 2025.
Work out how many classes you need Check if the name is taken
This page describes how the USPTO groups goods and services in general. It is not legal advice about your application, and the lists above are written for the common case rather than being exhaustive. Which classes you actually need depends on what you sell, and a licensed attorney confirms them before anything is filed.
Classes either side of this one
Class 33 — Wine and spirits
Every alcoholic drink except beer — wine, spirits, liqueurs and ready-to-drink cocktails.
Class 34 — Tobacco, vaping and smokers' articles
Tobacco, tobacco substitutes, vaping products and smokers' accessories.
Class 36 — Financial, insurance and real estate services
Money and property services — banking, lending, payments, insurance, investment and real estate.
Class 37 — Construction, installation and repair
Building things, installing things and fixing things — the trades, in one class.