Trademark Class 35: Advertising and business services — What It Covers, With a Live Count
Short answer
Trademark class 35 covers advertising, marketing, business management, business administration, office functions, and retail and online retail services. It is a services class, and as of September 14, 2026 it holds 387,262 live US marks, 8.1% of the register, ranking 2 of 45 by size. A registration in class 35 protects the name only for these services; the same name can be, and often is, registered by an unrelated business in another class.
Class 35 is one of the largest classes on the register, with 387,262 live marks out of 4,796,936 across all 45 classes. A live mark is one that is registered or pending; the count is computed from USPTO bulk data by each mark's primary class and refreshed daily.
Class 35 is the second-largest class because retail lives here. Selling other people's goods, or your own, through a shop or website is a class 35 service, separate from the goods. A clothing brand that sells online holds 25 for the clothes and 35 for the store, and a marketplace that sells nothing of its own is 35 alone. The class also holds advertising, consulting, and HR, so it is crowded with business names of every kind, and a near match here is more likely than in any class except 9.
What files in class 35
| Typically in class 35 | Examples of businesses |
|---|---|
| online retail store services (any product) | online retailers and marketplaces |
| advertising and marketing agencies | marketing and advertising agencies |
| business consulting | business consultants |
| recruitment and staffing | recruiters |
| accounting and bookkeeping | accountants |
| market research | franchise systems |
| franchising services | any brand that sells its own goods online |
| e-commerce marketplaces | |
| loyalty and rewards programs | |
| influencer marketing |
The USPTO's ID Manual lists the accepted descriptions for class 35. Choosing one of them keeps the filing fee at $350 per class; a custom description costs $550. See what a trademark costs.
What is not in class 35
| Looks like class 35, but is | Class |
|---|---|
| the goods themselves, which fall in their own classes | 25 |
| financial services | 36 |
| software as a service | 42 |
| education and training services | 41 |
| legal services | 45 |
The class follows the product, not the industry. A business in this field will often need one of the classes above as well as class 35; the second class is a second filing fee, and a registration in one does not cover the other.
Coordinated classes
The USPTO searches class 35 together with these classes when it examines an application, because confusion between them is common. A live mark in a coordinated class can block a class 35 application, and a class 35 mark can block one of these.
A near match in a coordinated class is worth reading closely. A near match anywhere else on the register is usually not. See is my name trademarked for how to read one.
How crowded class 35 is
| Live marks in class 35 | 387,262 |
| Share of the 45-class register | 8.1% |
| Rank by size | 2 of 45 |
| As of | September 14, 2026 |
A crowded class means more near matches to read through, and a higher chance that one of them is in your actual field. With this many live marks, a coined name of five or six letters will almost always have a neighbour somewhere in the class; the question is whether the goods overlap.
Before you file in class 35
- Confirm the services are actually class 35 against the USPTO ID Manual, not against the industry the business is in.
- Check the neighbouring classes in the table above for anything the business also sells or does.
- Search the name on Silvol and read every live match by class: class 35 and its coordinated classes matter; others usually do not.
- Budget per class. Each class is $350 to file and $650 every ten years to maintain.
Common questions
What is trademark class 35?
Class 35 is the Nice classification for advertising, marketing, business management, business administration, office functions, and retail and online retail services. It is one of the 11 service classes (35–45), and it currently holds 387,262 live US marks.
What does class 35 cover?
Advertising, marketing, business management, business administration, office functions, and retail and online retail services. The USPTO's ID Manual has the full list of accepted descriptions; the examples above are the common ones.
How much does it cost to trademark in class 35?
$350 in USPTO fees for a clean electronic application using an ID Manual description, $550 with a custom description, plus $650 per class every ten years to maintain. Attorney fees, if any, are on top.
Is class 35 crowded?
It holds 387,262 live marks, 8.1% of the register, ranking 2 of 45. That is one of the most crowded classes on the register.
Can two businesses have the same name in class 35?
Not for similar services. Two marks in the same class for overlapping goods or services will conflict. The same name in an unrelated class usually will not.
What are the coordinated classes for class 35?
9, 16, 36, 41, 42, 45. The USPTO searches these together with class 35 because confusion across them is common.
Keep reading
- All 45 trademark classes, with live counts
- Is my name trademarked? How to read a match by class
- How much does a trademark cost, per class
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm, does not clear names for use, and does not cover state registrations or unregistered marks. Class counts are computed from USPTO bulk data by primary class and refreshed daily.
Register counts as of September 14, 2026. Silvol is not a law firm and does not clear names for use.