Thank you for this video! If I have an online store that sells both clothing and body products would I be able to file it under Class 35 to cover all of those things instead of Class 25 and Class 003? The products are all made by my brand and will have my brand logo on them as well.
If you have a store that sells other brands for clothing and body products (just like Amazon does), then Class 035 is sufficient. If you sell your own clothing and body products under that brand, you should go for Class 025 and Class 003. If the service of selling something could cover all other classes, then those classes would no longer be relevant. The fact that they are still very much used shows you need to consider filing in those classes.
Hi, thank you for the video! I am a food manufacturer and have a class 29, we are selling these goods online and was wondering if we need class 35 for the online advertising purposes? Thank you!
A holding company would need to have the same classes as its daughter companies. In other words, you look at public-facing products and services, not the company's internal function on the org. chart.
Very useful video - still in doubt though with the following scenario: 1.) I am about to launch my own fashion label, also I am aiming to sell my own products through my own retail store/online shop. Obviously I will make sure to register my brand under class 25 - nevertheless, does this call for a trade mark registration under class 35 in parallel? If I however decide not to register my fashion label under class 35, what risks am I potentially running into? Can a 3rd party now open a retail store/online shop under the name of my registered brand and sell similar products? Looking very much forward to your informative reply - thanks in advance!
Hypothetically, if you did trademark in class 025 but did not trademark in 035, then you could likely prevail against a third party who might open a retail store with your name to sell apparel. Practically though, if you are taking care of trademarking your brand, there's no reason not to file in both 025 and 035 because having your brand trademarked in both will make it easier for you to go after the third party, taking away their argument that your brand is only trademarked in class 025. In other words, an extra investment of $350 can easily save you tens of thousands of dollars. In my view, it's a no-brainer.
@@trademarkfactory Thanks for the quick response - does the same hold for an online shop? Also what would your suggestion be? Should I include class 35 in my registration or not?
Hello there, nice video! Just to clarify, I have a clothing brand that I will be selling online that will feature t shirts, hoodies, beanies, etc. and I was wondering which class should I do it under -Class 025 or 35- or both?
Thanks for this beautifully explained video... I am a seller on Amazon, Flipkart and more ecommerce websites Now I want to sell my products under a Trademark. I sell Both decorative handcrafted products and hosiery products(gloves, socks, towels) would I able to file it under class 35 to cover all these products instead of many classes...
Class 035 is not going to cover you. As annoying as it is, you do need to trademark your brand in the "goods" classes for the actual products that you make.
Hello! Thank you for this video. I’ve got a rather specific question. Is class 35 required to advertise a product with that trademark? For example: an artist releasing an album with title “Name” . Do they need to file for class 35 in order to be able to make adverts and marketing using that trademark? Or Is class 35 only for advertising companies and services ??
Class 35 covers more than just advertising, but when it comes to advertising is it only for advertising companies. Artists (or other businesses) who advertise their business do not need a trademark in class 035.
No. Class 35 pertains to a SERVICE, not the PRODUCT. Placing the trademark on the tag of a clothing item will prove use of the trademark in connection with class 025 (apparel), but it does NOT demonstrate the use of the trademark in connection with class 035 (a retail / online store). Hope this helps.
Thank you, Amanda. You may want to check out: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-A8RvcdCL2Sk.html and ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-epPz1O7BNzw.html
Hello Andrei, I have started an online clothing brand (sold on my own website) registered under class 25. Should I also get it registered under class 35 for further protection or is it not required?
I wouldn't worry too much about class 035 unless you're planning to start selling other people's stuff that is not clothing. Also, here's another video you should watch: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-tYAJ3YQyk7Y.html
Hi, I'm starting a e-commerce business and am going to be selling other peoples products as an affiliate marketer. Does this class 035 help with establishing a trademark as a foundation with it all?
@@trademarkfactory What I do as an affiliate is promote other businesses' products for every sale as a result I get a commission. The hosting will all happen on the internet through my websites and landing pages. My aim to use class 035 is to brand my website, landing pages, and services in hopes to build a reputation that way with my branding using class 035.
@@Mr.Mendoza. Not trying to make this more complicated than it is, but there is no simple answer. For the purposes of trademarking goods and services are public-based. In other words, it's both about what the public can buy from you when they visit your landing pages AS WELL AS what services you offer (if any) to the companies whose products you are linking to. If all you're doing is just signing up to a bunch of affiliate programs and using their affiliate links on your LPs, you are not providing a service to those companies from the trademark perspective. In that case, the question is whether your LPs will qualify as retail sale services of stuff. If yes, it's 035. If you are more into sharing affiliate links to services, you would probably need to look at other classes as well. Again, this is more complicated than it seems. You should get a specialist to review your particular situation before filing your trademark.
Then I would focus on the classes for the actual products. In other words, if you sell tshirts, focus on class 025 that covers tshirts. Don't focus on class 035 that covers the service of selling anything, including tshirts.
@@trademarkfactory I have same question too .. what if today I am selling a mask and after a month I want to sell electronics or headphones and may be after a month home safety and after a month bed Lenin's and so on.... Basically I want to try as much products as possible before I zero down on one product.. hope my question is clear.. Would appreciate so much if you can answer this..
@@amirbagali8414 If you're selling products marked with your own brand, then you need to trademark the brand in classes that correspond to the products (masks, electronics, bedding, etc.)-and class 035 would not be sufficient. Class 035 is when you sell other people's stuff and it is your retail services that are branded. If you have a retail store that sells your own products, you need both 035 and those other classes for the products themselves. So to answer your question, as you expand and add new products, you would be filing new trademarks that cover those additional classes. That's how big brands end up with dozens of identical trademarks that cover different products and classes.
Hi Andrei, very informative video's you have, thank you! I have done some research after seeing your videos and I was wondering if you could tell me if my assumptions below are correct or if I am missing anything? I want to register a trademark for an online marketplace for downloadable designs (graphics and fonts: .jpg, .png, .svg, .ttf, etc. files). We also promote and advertise the website via advertisements on the internet and designs from in-house and third-party designer through our newsletter. So I feel that the trademark application could fit in both class: - 35 (“promoting the goods and services of others over the Internet” and “provision of an online marketplace for buyers and sellers of goods and services”) and; - 42 (“providing an interactive website featuring technology that allows users to upload, download, share and sell custom and branded digital publications”). The website includes a community space/social network where people can share their designs/projects, like them and comment on them (class 42: “providing a website that gives users the ability to review various print, photographic, graphic image, and audio and video content and utilize a custom template to provide input, likes, dislikes, edits, changes, modifications, opinions, suggestions, and comments and engage in social, business and community networking”?), furthermore the website offers non-downloadable tools for image editing (class 42: “providing a website featuring on-line non-downloadable software tools for image editing”?).
Hello Andrei, I wanted to apply for a trademark in Canada under 35 class, but another very similar trademark is already registered under class 44 and 35. They are a massage clinic, how can they be approved to be registered under class 35 if their services are not marketing, consulting, or any other type of service business under this class? The USPTO, allows two very similar marks or even the same mark to be registered as long as is two different type of businesses and two different classes, but CIPO seems to work differently and if the mark are even two different type of businesses and different classes, if they are very similar and can create confusion, then they won't approve it! And the reason I gave up to register my mark in Canada. :( :( :(
Hi Anye. Classes are for convenience only. Both USPTO and CIPO make a decision if the marks are confusingly similar, taking into account if the actual goods and services to be covered by the marks are identical, similar, or closely related. When CIPO (or any other Trademarks Office) rejects your trademark application, this is when the real work begins. ANYONE can file a trademark application. What matters is whether you have the knowledge and experience to make sure it matures to registration. Having said that, just because they are a massage clinic doesn't mean they can't own their trademark that covers services in class 35. If your Canadian application is still not abandoned, we may be able to look into it and help. Feel free to email us if this is of interest. You will find the email on our website at trademarkfactory.com
@@trademarkfactory Hello Andrei! thank you so much for replying! Yes, my mark is very similar and closely related to the one already registered. So to give you an example of the level of similarity: theirs is "Cardiology" while mine is "Cardiologists". So essentially my mark is the plural version of their mark, and the type of businesses are different. Mine is strictly an online platform that offers advertising/marketing, while theirs is a massage clinic. So do I have a chance of getting my mark approved under class 35? I don't want to get into a legal battle with the owner of that registered mark. Thank you so much for your advice!
I won’t know until I see the two applications and, ideally, the office action you received. That’s why I suggested taking this conversation off of RU-vid and to email.
I manufactures products from third party in class 18 under my own brand. Can I go for class 35 as I also sell in another class to protect my entire brand catalog especially on Amazon. Thanks in advance.
If you sell products marked with YOUR brand, your focus should be on classes 001-034 (for goods). Class 35 is for services relating to retail or online sale. While having class 035 might be helpful in protecting your catalog, it is a faulty strategy. Think about it this way: if a trademark in class 035 covered the selling of pretty much everything under the sun, why would anyone ever file their trademarks in other classes? There is a reason why those classes exist.
If all you do is trade goods of others, then it's class 035. If you trade your own goods, then it would be 035 plus the classes that relate to the actual products.
What class is good for a logo for video production services. I provide Media production for small businesses also music videos and also produce my own films and videos . I have merchandise but its use to advertise my video production services.
Video production for others could fall under 035 (as advertising products and services of others). Video production for the public falls under 041 (education and entertainment).
So Class 35 can not be used for SELF business E.g my own LLC correct I have to use other people services and Good/LLC's, cause I am in the middle of processing my limo business, Film company business and sever others under one trade mark name, even though my class 35 is under services.... 13:49 kinda confused me which is why im asking, For business Reasons only I'm using Trump as a business man what would his classes be under? He has a few business under one name Trump Organization I believe. Thank you!
It's not that it cannot be used for SELF business. It cannot be used when the only recipient of your services is yourself. If you are in the business of promoting yourself, it's not proper for class 035. If you are in the business of only doing your own bookkeeping, it's not proper for class 035. Trump, as a businessman, would probably have it under consulting or something similar.
