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Trademark Classes Explained Part 3: The Service Classes – 35, 36, 41, 42, and 45
In Parts 1 and 2 of this series, we looked at goods categories such as household products, electronics, and the entire garden range. In this final instalment, we’ll discuss services. The Nice Classification reserves Classes 35 to 45 for services, which SME owners frequently overlook — typically because they believe their trademark “covers everything they do. “That is not the case. If you sell goods online but only file in the goods category, your retail brand may not be protected. If you run a consultancy alongside a product line, it requires its own category. We’ve broken down the five service classes that are most important to SMEs, along with practical examples for each.
Class 35 includes retail, advertising, and business services.
Class 35 is the most important service class for the vast majority of SMEs and the most frequently overlooked. It covers “advertising; business management; business administration; office functions” — but in practice, it encompasses much more, including retail and wholesale of goods.
If you sell anything through a shop, a website, a marketplace, a pop-up, or a catalogue, the retail service itself is a Class 35 activity that is distinct from the goods sold. A clothing brand requires Class 25 for its clothes and Class 35 for “retail services related to the sale of clothing”. An online homeware shop requires the relevant goods classes, as well as Class 35 for “online retail services”. Without Class 35, a competitor could potentially open a shop under your name and sell someone else’s goods.
Aside from retail, Class 35 includes advertising agencies, marketing consultancies, public relations firms, social media management services, SEO services, market research, business consulting, human resources and recruitment services, accountancy and bookkeeping, payroll services, and business network operations. Some useful specifications are “online retail services”, “wholesale services”, “advertising services”, “marketing consultancy”, “social media marketing”, “business management consultancy”, “recruitment services”, “payroll administration”, and “import-export agency services”. Almost every SME with a website or a physical shopfront requires Class 35 in addition to their other product classes.
Class 36 includes financial, insurance, and real estate services.
Class 36 includes “insurance; financial affairs; monetary affairs; real estate affairs”. It’s a small class, but it’s essential for any SME working in finance, real estate, or fintech.
Traditional applications include banks, building societies, insurance brokers, mortgage advisers, financial planners, investment managers, pension providers, currency exchanges, debt advice services, and charitable fundraising. Estate agents, letting agents, property management companies, commercial property consultancies, and serviced office providers are all examples of real estate applications. Specifications may include “financial advisory services”, “insurance broking”, “mortgage broking”, “investment management”, “estate agency services”, “letting of residential property”, “property management”, and “valuation of real estate”.
Modern Class 36 has significantly expanded to include fintech and crypto-related services. Payment processing, digital wallet services, peer-to-peer lending platforms, crowdfunding platforms, cryptocurrency exchange services, and “buy now, pay later” services are all located here. An important distinction to make is that the software that powers a fintech app belongs in Class 9 (downloadable apps) and Class 42 (software-as-a-service), but the financial service it provides belongs in Class 36. Classes 9, 36, and 42 are typically required for a challenger bank, a property listings platform, or an insurtech startup to function. Filing only in Class 9 — a common SME mistake — protects the app but not the underlying financial service that gives the brand its worth.
Class 41 – Education, training, entertainment, and sports.
Class 41 covers “education, providing of training, entertainment, sporting and cultural activities”. It is one of the broadest service classes and an essential filing for anyone in the knowledge, content or experience economy.
Education and training uses include schools, colleges, universities, tutoring services, online course providers, professional training companies, coaching services, language schools and CPD providers. Entertainment and content uses include television and film production, music production, podcast production, publishing of books and magazines (the service of publishing, not the printed goods), nightclubs, cinemas, theatres, theme parks, casinos and online gaming services. Sporting and cultural uses include gyms, fitness studios, yoga studios, sports clubs, leisure centres, museums, art galleries, festivals and event organisation.
Useful specifications include “provision of online courses”, “training services”, “coaching”, “publication of books”, “publication of electronic books and journals online”, “production of podcasts”, “entertainment services”, “organisation of events for cultural purposes”, “provision of fitness facilities”, “personal training services” and “organisation of sporting competitions”. A growing area is online content: a creator running a paid membership site with courses, a podcast and a community would file in Class 41 for the educational and entertainment services, often alongside Class 9 for any downloadable content and Class 35 for any retail or sponsorship activity. As with Class 36, the service belongs in Class 41 even if it is delivered digitally — the medium does not change the class.
Class 42 – IT, Software, Scientific and Design Services
Class 42 covers “scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computer hardware and software”. F.” modern SMEs, particularly tech businesses, Class 42 is unavoidable.
Software and IT uses include software development, software-as-a-service (SaaS), platform-as-a-service (PaaS), cloud hosting, website hosting, website design, app development, IT consultancy, cybersecurity services, data encryption, electronic data storage and the provision of online non-downloadable software. Industrial design, product design, graphic design, packaging design, architectural services, interior design, engineering consulting, and CAD services are some of the applications of design and engineering.eering applications.ervices. Scientific and research uses include laboratory testing, scientific research, clinical trials, environmental testing and chemical analysis.
Useful specifications include “software as a service (SaaS)”, “platform as a service (PaaS)”, “design and development of computer software”, “cloud computing services”, “web hosting”, “website design services”, “graphic design services”, “industrial design services”, “architectural services”, “interior design services” and “scientific research”. The crucial distinction for SaaS businesses is between Class 9 (downloadable software, mobile apps that you install on a device) and Class 42 (online software that you access through a browser without downloading). Most modern platforms involve both, so most SaaS startups need both classes filed together. A design agency, a software house, a web developer and an architectural practice will all have Class 42 at the heart of their filing.
Class 45 – Legal, Security and Personal Services
Class 45 covers “legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.” It is a varied class that catches a number of professional and personal services that do not fit elsewhere.
Legal uses include solicitors and law firms, barristers’ chambers, paralegal services, mediation, arbitration, notarial services, intellectual property advisory and licensing services, trade mark watching and registration services, and litigation support. Security uses include manned guarding, alarm monitoring, security consultancy, private investigation and event security. Personal and social services include dating agencies, wedding planning, funeral services, adoption agency services, online social networking services, personal shopping, concierge services, lost property services, pet sitting and dog walking.
Useful specifications include “legal services”, “legal advisory services”, “intellectual property consultancy”, “trade mark licensing”, “mediation”, “security services”, “monitoring of security alarms”, “personal background investigations”, “online social networking services”, “wedding planning”, “concierge services” and “pet care services”. For professional service firms, Class 45 is the home class. For SMEs offering app-based personal services — a dating app, a dog-walking marketplace, a concierge platform — Class 45 typically pairs with Class 9 (the app), Class 42 (the online platform) and sometimes Class 35 (any related advertising or matching services).
Choosing the Right Combination of Classes
The single biggest lesson from this three-part series is that almost no SME brand sits in just one class. A product brand needs goods in Class 2 plus Class 35 for retail. A SaaS brand needs Class 9 plus Class 42, and often Class 41 if it offers training or content. A professional services firm needs its primary service class plus, increasingly, Class 9 and Class 42 for any digital tools it offers clients. Filing too narrowly leaves gaps; filing too broadly wastes money on official fees. The skill lies in matching the filing to the actual and reasonably planned business activity.
If you would like help reviewing your existing trade mark coverage or building a filing strategy for a new brand across goods and services, the team at Trademark Room would be happy to help. Please get in touch via trademarkroom.com for a no-obligation discussion.
