35
Services for businesses
Advertising and marketing for others, business consulting and management, retail store services, and staffing services. Agencies, consultants, franchisors, and online retailers commonly file here.
Agencies, consultants, retailers, and franchisors
Trademark Your Agency.
Trademark your agency, consulting, or retail brand with an attorney search, the right Class 35 description, and a response if the USPTO pushes back.
Over 500 entrepreneurs choose Surge.
Scroll to learn why!
Three things to settle before you file
Settle these before you file in Class 35.
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Search the name first
State business registration gives you the right to operate under a name. It does not give you trademark rights.
Why the search comes first -
Describe the service precisely
Class 35 covers advertising, marketing, business consulting, and retail store services, and it is the class applicants most often get wrong.
What Class 35 covers -
Cover what you sell, too
Class 35 protects the retail service, not the goods on the shelf. Branded products and software tools need their own classes.
What Class 35 leaves out
Search the name before you build around it
Before you pay for signage, a website, or a client pitch deck, check whether the name is clear. State business registration gives you the right to operate under a name. It does not give you trademark rights.
A clear search is only the first risk. Even a strong name can draw an office action from the USPTO, and an unanswered office action ends in an abandoned application and lost filing fees. See how applications get abandoned.
We search beyond exact matches for similar marks that could block your registration, then advise on your likelihood of success before you file.
What Class 35 covers, and what it leaves out
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Goods and software need their own classes
Class 35 does not protect the products sold in your store. Clothing falls in Class 25, and a proprietary software platform may need Class 42.
A precise description protects the business you actually run
If you run a boutique and register only in Class 35, you have protected the retail service but not the clothing itself. A competitor could use a confusingly similar mark on apparel without infringing your registration.
A marketing agency with its own platform, a franchisor licensing a system, and an online store selling its own products each need a filing strategy that matches what they sell. Read our Class 35 guide for the details.
How a low-cost filing becomes an abandoned application
An office action is a legal notice from the USPTO examiner requiring more information or changes before your application can move forward. It comes with a firm response deadline. Office actions can be confusing to read, and some owners mistake them for junk mail. When no one responds in time, the application is abandoned and the filing fees are gone.
Most trademark applications receive at least one office action, and many low-cost and DIY filings end this way. Other services charge extra to respond, and we have seen fees as high as $7,000.
Because office actions are so common, every package includes one office action response. We read the notice, prepare the response, and manage the correspondence with the examiner.
Federal trademark packages with clear pricing
Each package includes an attorney search and clearance opinion, the USPTO filing fee for one class per mark, one office action response, and 12 months of brand monitoring. We discuss the search results before proceeding. If your business also needs a goods class, we will tell you before you file.
Word Mark
Your business name, product name, or slogan.
All-in total
Member
$1,990
Non-member
$2,230
Members save $240
$310 search, then 12 × $140 per month. Non-members: 12 × $160 per month.
Discuss Your Brand Logo
Your visual brand identity.
All-in total
Member
$2,110
Non-member
$2,410
Members save $300
$310 search, then 12 × $150 per month. Non-members: 12 × $175 per month.
Discuss Your Logo Word + Logo
Two applications for the name and design.
All-in total
Member
$3,955
Non-member
$4,435
Members save $480
$595 search, then 12 × $280 per month. Non-members: 12 × $320 per month.
Discuss Both Marks Federal filing, wherever you are
Federal trademark registration is a federal process, so location is not a barrier. We work with owners nationwide from our offices in Johnston, Iowa and Round Rock, Texas, and most meetings are virtual. Call (515) 994-0404 or (512) 881-1117 in Texas.
Class 35 trademark questions
Does my LLC registration protect my agency's name?
State business registration gives you the right to operate under a name. It does not give you trademark rights. A federal registration is a separate process that protects your brand nationally.
Does Class 35 protect the products in my store?
No. Class 35 covers the service of operating a store. Products sold under your brand need the matching goods class, such as Class 25 for clothing.
I sell online. Is that Class 35?
Operating an online store is a Class 35 retail service. If the store also sells its own branded goods, additional classes are needed to protect those products.
Is registration guaranteed?
No. A search helps assess risk, and the examining office decides whether an application qualifies. We explain concerns and next steps before you commit to a filing.
Check the name before you build around it
Tell us what your business does, the brand you want to use, and where you plan to grow.