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When is it advisable to include Class 35 in a trademark application?

Class 35 of the Nice Classification mainly covers commercial services such as advertising, business management, and retail or wholesale sales activities. However, its interpretation varies by country, which can influence trademark registration strategy.

In the United States, Canada, and China, this class is reserved exclusively for services provided to third parties. Therefore, if your company only markets its own products (i.e., without acting as an intermediary for other brands), it is not advisable to include Class 35—especially in the United States, where you will not be able to prove use to obtain registration. In such cases, only the classes corresponding to the products manufactured or sold under your own brand should be registered.

On the other hand, in Brazil, Mexico, the European Union, and most Latin American countries, Class 35 can include the sale of your own products. For this reason, it is common to register it alongside product classes to broaden protection and prevent conflicts with third parties offering similar services.

If you seek protection in multiple countries, it is advisable to tailor the wording of Class 35 to the specific requirements of each jurisdiction—especially when filing through the Madrid Protocol. This helps ensure effective coverage and avoids unnecessary objections from intellectual property offices.

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