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

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

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

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