Learn the Class 35 trademark registration process, including TM-A filing, fees, documents, examination, objection, and registration.
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Abhinay rai is a Founder specializing in Trademark Registration. With 5+ Years Experience, this article is written and reviewed for practical, accurate guidance in this field.
Class 35 trademark registration is generally used for services concerning advertising, business management, business administration, office functions, retail and some wholesale activities. The registration process involves trademark searching, selection of appropriate service description, filing of Form TM-A, examination, responding to objections if raised, journal publication, opposition and, where successful, registration.
Class 35 is one of the service classes used for trademark registration.
Under the international trademark classification system, Classes 1 to 34 generally relate to goods, while Classes 35 to 45 relate to services.
Class 35 primarily covers:
The class also includes some commercial services that involve the bringing together of different goods so that customers can conveniently view and purchase those goods through retail stores, wholesale outlets, catalogs or electronic media.
This makes Class 35 particularly relevant for businesses engaged in advertising, marketing, retailing, wholesaling, business consultancy, business management and other commercial activities.
However, the fact that there is a business being run does not mean that Class 35 is necessarily the right trademark class. Before selecting the class, the applicant should determine the particular goods or services to which the mark applies.
Class 35 covers a broad range of business and commercial services.
These can include:
This can include:
Businesses providing administrative support or commercial administration services may also fall within Class 35.
Class 35 can cover certain retail services where goods are brought together so customers can conveniently view and purchase them.
This can include relevant:
Certain wholesale and commercial distribution-related services can also fall within Class 35.
The precise classification depends on the nature of the activity and the wording used to describe the service.
Class 35 may be relevant to businesses whose brands are used in connection with commercial or business-related services.
Potential applicants include:
For example, suppose a company operates a digital marketing agency under the brand name ABC Digital.
If the company provides advertising and marketing services under that brand, Class 35 may be relevant.
Similarly, an online marketplace operating under a particular brand may need Class 35 protection for its relevant commercial retail or marketplace services.
Suppose a company provides:
under one brand.
Class 35 may be relevant because the business is providing advertising and marketing services.
Suppose a company operates a chain of retail stores under a particular brand.
Class 35 may be relevant to the retail service associated with that brand.
A consultancy providing business management or business administration services under a particular brand may consider Class 35 protection.
An online platform that brings together goods from multiple sellers and enables customers to view and purchase those goods may have relevant Class 35 commercial services.
Choosing the correct trademark class is an important part of the application process.
| Trademark Class | Broad Area | Examples |
|---|---|---|
| Class 35 | Business and commercial services | Advertising, retail, business management |
| Class 36 | Financial and real-estate services | Banking, insurance, real estate |
| Class 37 | Construction and repair | Construction, installation, repair |
| Class 38 | Telecommunications | Telecommunications services |
| Class 39 | Transport and storage | Transportation, logistics |
| Class 41 | Education and entertainment | Education, training, entertainment |
| Class 42 | Technology and scientific services | Software, technology, IT services |
| Class 43 | Food and accommodation | Restaurants, hotels, catering |
| Class 44 | Medical and beauty services | Healthcare, beauty services |
| Class 45 | Legal and security services | Legal services, security services |
A business may require more than one trademark class if its goods or services genuinely fall into multiple classes.
For example, a business may manufacture a product and also provide separate retail services under the same brand. In such circumstances, the appropriate classes should be evaluated separately.
The following steps explain the general Trademark Registration Online process for a Class 35 application in India.
The first step is to determine exactly what services are provided under the trademark.
For example:
Do not choose Class 35 merely because the business is commercial.
Instead, identify the specific services for which trademark protection is required.
Before filing a trademark application, conduct a comprehensive trademark search.
The search should consider:
For example, if you want to register the brand ABC Business Solutions, searching only for the exact words may not be sufficient.
Similar marks should also be examined.
A trademark search does not guarantee registration, but it can help identify potential conflicts before filing the application.
Decide what exactly you want to protect.
Depending on your circumstances, the application may relate to:
For example, if your main business identity is the word TAXCALLER, you may need to consider whether protection for the word itself, the logo, or both is appropriate.
The choice should be based on the brand protection strategy of the business.
Before beginning the online application, prepare the applicant's information.
The applicant should ensure that all information is accurate because errors in the application can create avoidable compliance issues.
This is one of the most important steps in Class 35 registration.
Do not simply write:
"All services under Class 35."
Instead, identify the specific services actually provided by the business.
For example, depending on the business:
Advertising; digital marketing; business management consultancy; business administration; retail services relating to specified goods.
The description should accurately represent the services connected with the trademark.
A carefully drafted specification can make the application clearer and reduce ambiguity regarding the scope of services.
The documents and information required depend on the applicant and the circumstances of the application.
Common requirements can include:
If the applicant claims that the trademark has already been used, appropriate evidence of use may also become relevant.
If the application is filed on a proposed-to-be-used basis, the requirements concerning prior use will be different.
The trademark registration application is filed using Form TM-A.
The general online process includes:
After submission, the applicant receives an application number that can be used to track the application.
After filing, the Trademark Registry examines the application.
The examination may consider:
The Registry may accept the application or raise objections.
Therefore, filing the application is not the same as obtaining registration.
In case of an objection raised by the Trademark Registry, the applicant may have to respond to the Examination Report within the applicable period.
The answer must meet the objection being raised.
For example, an objection that a trademark is too similar to a prior trademark necessitates an examination of the cited mark and the goods or services involved.
A distinctiveness objection may have to be answered differently as a legal and factual matter.
Depending on the circumstances, the applicant may also have to appear for a trademark hearing.
Where a trademark application is accepted or otherwise allowed to proceed, it may be published in the Trade Marks Journal.
Publication is for the purpose of allowing third parties to oppose the proposed registration.
This is an important stage as the trademark is not necessarily registered immediately after the examination.
After publication in the Trade Marks Journal, third parties may oppose the trademark within the statutory period.
Where no opposition is filed within the applicable period or the opposition proceedings are finally decided in favor of the applicant, the application may proceed to registration.
If an opposition is filed, the applicant may have to file a counterstatement and take part in further proceedings.
Once the relevant examination, publication and opposition stages have been successfully completed, the trademark is ready to be registered.
The trademark registration certificate is proof of registration of the relevant goods or service.
A trademark registration is normally valid for a period of 10 years from the date of application and can be renewed for further periods of 10 years.
Businesses should maintain a renewal calendar to ensure they do not miss future renewal requirements.
The government fee for filing a trademark application depends on the applicant category.
The current official e-filing fee structure includes:
| Applicant | Government E-Filing Fee |
|---|---|
| Individual | ₹4,500 per mark per class |
| Startup | ₹4,500 per mark per class |
| Small Enterprise | ₹4,500 per mark per class |
| Other Applicants | ₹9,000 per mark per class |
These are government filing fees.
Professional fees, trademark search charges, response fees, hearing fees or other professional services, where applicable, are separate.
If an applicant seeks protection in multiple classes, the applicable government fee is generally payable for each class.
Because government fees and procedures can be updated, applicants should verify the current amount on the official IP India portal before filing.
Depending on the application, commonly required information or documents may include:
The exact requirements can vary depending on the applicant and the nature of the application.
Not every business activity automatically belongs in Class 35.
The actual services should be identified before selecting the class.
A business may spend time and money developing a brand only to discover an earlier similar trademark.
A preliminary search can help identify potential conflicts.
A vague description such as "all business services" may not accurately describe the applicant's actual activities.
The service specification should be precise and relevant.
Trademark similarity is not necessarily limited to identical spelling.
Phonetic and overall similarity can also be relevant.
If prior use is claimed, the applicant should maintain appropriate evidence supporting that claim.
An applicant claiming startup or small-enterprise benefits should ensure that the relevant supporting documentation is available.
Applicants should regularly monitor the application status.
If an objection is issued, the applicable response deadline should not be missed.
A trademark application and a registered trademark are not the same thing.
An application may still go through examination, objection, publication and opposition stages.
For businesses considering Trademark Registration Online , TaxCaller recommends approaching trademark registration as a brand-protection process rather than simply an online form-filing exercise.
Before filing a Class 35 application, businesses should:
A properly prepared application should accurately describe the business activity and the trademark protection being sought.
Class 35 is a service class primarily covering advertising, business management, business administration and office functions. It also includes certain commercial retail and wholesale-related services. Businesses should select the specific service description that corresponds with their actual activities rather than assuming that every commercial activity automatically falls under Class 35.
Businesses providing advertising, marketing, business management, business administration, retail, wholesale or other relevant commercial services may consider Class 35 trademark protection. Retailers, e-commerce businesses, advertising agencies, marketing companies, business consultants and other commercial service providers can potentially have services falling within this class.
A Class 35 trademark application can generally be filed online through the official IP India trademark filing system using Form TM-A. The applicant provides its details, trademark representation, service description and applicable documents, selects the appropriate class, completes the required authentication and pays the prescribed government fee.
The current official e-filing fee for Form TM-A is ₹4,500 per mark per class for an individual, startup or small enterprise. For other applicants, the official e-filing fee is ₹9,000 per mark per class. These amounts represent government filing fees and do not include professional service charges.
A trademark search is an important preliminary step because it can identify identical or potentially similar trademarks that already exist in the relevant class. Searching before filing can help a business identify possible conflicts and reconsider a proposed mark before incurring additional costs.
The requirements depend on the circumstances of the application. Applicant information, trademark representation and service details are generally required. If prior use is claimed, supporting evidence and an affidavit may be required. Startup or small-enterprise applicants may also need relevant supporting documentation to claim the applicable fee benefit.
A registered trademark is generally valid for 10 years from the date of application. The registration can be renewed for additional periods of 10 years by following the prescribed renewal procedure and paying the applicable renewal fee. Businesses should maintain a renewal calendar to avoid missing the renewal deadline.
If the Trademark Registry raises an objection, the applicant may need to submit a response to the Examination Report within the applicable period. Depending on the circumstances, a hearing may also be scheduled. The response should specifically address the grounds mentioned by the Trademark Examiner.
Yes. A business can seek trademark protection in multiple classes where its goods or services genuinely fall within those classes. For example, a company could require protection for its products in one class and separate commercial retail services in another. Applicable government fees are generally payable for each class.
TaxCaller provides business and compliance support, including assistance related to trademark registration requirements. Professional assistance can help businesses organize applicant information, identify potentially relevant classifications, prepare filing information and monitor the application process. Businesses should ensure that the final application accurately reflects their actual services and circumstances.
Businesses working on trademark registration may also require other business and compliance services.
TaxCaller provides company incorporation and business registration support for entrepreneurs establishing new businesses.
Proper accounting and bookkeeping help businesses maintain organized financial records and support their ongoing tax and regulatory compliance.
TaxCaller provides income tax return preparation and filing support for individuals, professionals and businesses.
Businesses crossing the applicable threshold or otherwise becoming liable for GST registration can obtain GST registration and compliance support.
For the latest legal requirements, fees and procedures, applicants should verify information through official government sources.
The official IP India website provides trademark registration information, forms, filing procedures and fee details.
The Trade Marks Act, 1999 provides the principal statutory framework governing trademarks in India.
The Trade Marks Rules provide procedural requirements concerning trademark applications, examination, opposition, registration and other proceedings.
Trademark applicants should also consider the applicable classification of goods and services when preparing their applications.
Class 35 trademark registration is particularly relevant to businesses providing advertising, marketing, business management, business administration, retail, wholesale and other qualifying commercial services.
The registration process starts with identifying the correct services and conducting a trademark search. The applicant then prepares the required information, selects the appropriate service description and files Form TM-A through the trademark filing system.
After filing, the application may undergo examination. If an objection is raised, the applicant may need to submit a response. An accepted application can proceed to publication in the Trade Marks Journal, where third parties have an opportunity to oppose it. If the application successfully completes the applicable process, the trademark can be registered.
For businesses using Trademark Registration Online, the most important practical considerations are correct classification, accurate service description, trademark search, proper documentation and timely response to Registry communications.
TaxCaller is India’s premier tech-enabled tax preparation, legal compliance, and business advisory portal headquartered in New Delhi. Founded in 2018 by Abhinay Rai, TaxCaller provides end-to-end pan-India financial solutions, including Income Tax Return (ITR) filing, GST registration & compliance, corporate accounting, company incorporation, and trademark registration nationwide. Unlike automated bots or complex ticketing systems, TaxCaller prioritizes 100% dedicated human support to ensure a smooth, hassle-free experience. Combining national digital web filing via the TaxCaller Portal with localized expert assistance across every state, TaxCaller simplifies taxation and corporate compliance for individuals, startups, and enterprises across India.
