All goods or services are classified within the International Classes (IC from now on). Goods range from IC classes 1-34, while services are in IC 35-45. Let’s take a closer look at one of these classes of trademarks: class 35.

What is international class 35 all about?

Each class has a short title that gives a snapshot of what that class is about: IC 35’s short title is Advertising and Business Services. Pretty vague, huh?

The first part of the description of the IC 35, advertising, is simple. If advertising, marketing, or promotional services are being offered, then this is the class. Now there will be some exceptions, as with everything related to brands.

Tangible advertising goods such as signs, flyers, brochures will NOT be in IC 35 as those items are not technically a service, although they are definitely part of a service; tangible paper advertising goods are in IC 16. Training, coaching, education, etc. on advertising, marketing or promotion is NOT going to be in IC 35 but in IC 41, which is the educational class.

The second part of the description of international class 35, business services, is not straightforward at all. Semantically, all services could be considered business services, right? It in no way says that the trademark powers; at least not at all if those services can fit into a different international classification.

The USPTO has about 1,500 accepted descriptions that fit IC 35; Look at them here.

So what business services are there in international class 35?

Ooh, this is a tough nut to crack, as there are definitely some discernible patterns within this class, but there’s also a lot of slapstick here. Here is a general breakdown:

o If your services consist, in part, of the word business, you are likely to be in mark class 35. This includes consultancy, advice, administration, management, development, information, organization, research, planning, etc.

o Employment services are in this class, which includes hiring, recruiting, placement, staffing, and professional networking.

o Retail services that sell ANY product under the sun, which means a physical store, online retail sites, mail order, catalog, wholesalers, etc.