Trademark Registration – Classification Guide Class 35 in Japan How to chose goods/services 2021年12月3日 2022年6月10日 Amazing DX Support Team What is the classification of Class 35? I’m going to set up an online store for Japanese people. In this online store, I’m going to sell furniture made in various workshops, like a select shop.The products will have the trademark of the workshop on them. But the website will show the name of the store. So, I want to register the store name as a trademark. In this case, should I apply for the store name mark designating “furniture” in Class 20? You want to register a trademark for the name of an online store that sells the products of another company.If so, then you should designate the service “retail services or wholesale services for furniture” in class 35 So I should designate services, not goods.I’ve already decided to sell furniture, but once I get my business going, I’d like to expand it into miscellaneous goods such as tableware and fashion. Will there be any problems if I designate other categories than “retail services or wholesale services for furniture“? This page explains what services are included in Class 35.Before filing a trademark application, make sure you know whether your business is included in Class 35 or some other category! Class 35 includes advertising; management, organization and operation of businesses; office work; retail and wholesale of goods. Class 35 includes advertising; management, organization and operation of businesses; office processing; retail and wholesale of goods; and the like. Services included in Class 35 and services NOT included in Class 35 List of main services in Class 35 The main services included in Class 35 are listed below.These services can be designated by Amazing DX®. Advertising; management, organization and operation of businesses; office processing, etc. Advertising; management, organization and operation of businesses; office processing, etc.advertising and publicity services promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps business management analysis or business consultancy business management marketing research or analysis providing information concerning commercial sales preparation, auditing or attesting of financial statements employment agency services auctioneering import-export agency services arranging newspaper subscriptions for others shorthand transcription document reproduction office functions, namely filing, in particular documents or magnetic tapes compilation of information into computer databases providing business assistance to others in the operation of data processing apparatus namely, computers, typewriters, telex machines and other similar office machines reception services for visitors in buildings [office functions] publicity material rental rental of typewriters, copying machines and word processors providing commercial information and advice for consumers in the choice of products and services providing employment information providing information about newspaper articles rental of vending machines Retail services or wholesale services for various goods Retail services or wholesale services for various goodsretail services or wholesale services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together retail services or wholesale services for woven fabrics and beddings retail services or wholesale services for clothing retail services or wholesale services for diapers retail services or wholesale services for footwear, other than special footwear for sports retail services or wholesale services for bags and pouches retail services or wholesale services for personal articles retail services or wholesale services for foods and beverages retail services or wholesale services for liquor retail services or wholesale services for meat retail services or wholesale services for sea food retail services or wholesale services for vegetables and fruits retail services or wholesale services for confectionery, bread and buns retail services or wholesale services for rice and cereals retail services or wholesale services for milk retail services or wholesale services for carbonated drinks [refreshing beverages] and non-alcoholic fruit juice beverages retail services or wholesale services for tea, coffee and cocoa retail services or wholesale services for processed food retail services or wholesale services for automobiles retail services or wholesale services for two-wheeled motor vehicles retail services or wholesale services for bicycles retail services or wholesale services for furniture retail services or wholesale services for joinery fittings retail services or wholesale services for tatami mats retail services or wholesale services for ritual equipment retail services or wholesale services for electrical machinery and apparatuses retail services or wholesale services for bladed or pointed hand tools, hand tools and metal hardware retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils retail services or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents retail services or wholesale services for agricultural machines, implements and supplies retail services or wholesale services for flowers [natural] and trees retail services or wholesale services for fuel retail services or wholesale services for printed matter retail services or wholesale services for paper and stationery retail services or wholesale services for sports goods retail services or wholesale services for toys, dolls, game machines and apparatus retail services or wholesale services for musical instruments and records retail services or wholesale services for photographic machines and apparatus and photographic supplies retail services or wholesale services for clocks, watches and spectacles [eyeglasses and goggles] retail services or wholesale services for tobaccos and smokers’ articles retail services or wholesale services for building materials retail services or wholesale services for semi-wrought precious stones and their imitations retail services or wholesale services for pets The above list of “the main services included in Class 35” is just an example.Let’s take a closer look at what other services are included in Class 35 and what services are not. What should you do if you want to designate such service? (Services included in Class 35) Retail and wholesale of various goods →When you want to specify them in Amazing DX®, please specify “retail services or wholesale services for (name of goods)” which includes the goods to be sold.It does not matter where the product is sold or the format of the sales method, such as retail stores, wholesale stores, vending machines, mail-order sales by catalog, online shopping, TV shopping, etc. For example, Services to be included→Selected on Amazing DX®Sales of “lunchboxes and prepared foods” at antenna stores→retail services or wholesale services for foods and beveragesretail services or wholesale services for processed foodSales of “key chains” in vending machines→retail services or wholesale services for bladed or pointed hand tools, hand tools and metal hardwareSales of “clothes, shoes, and bags” through online shopping→retail services or wholesale services for clothingretail services or wholesale services for footwear, other than special footwear for sportsretail services or wholesale services for bags and pouches However, there is a point to be noted when specifying the “retail services or wholesale services” for various products.For details, please read the later section “When designating two or more retail and wholesale services“. Advertising →If you want to specify this kind of service in Amazing DX®, please specify “advertising and publicity services“. For example, distribution of samplesdevelopment of advertising conceptswriting of publicity textspublication of publicity textsshop window dressingproduction of teleshopping programmesorganization or management of trade fairs for advertising purposespublic relationsetc. Consulting related to business →When you want to designate this kind of services in Amazing DX®, please designate “business management analysis or business consultancy“, “business management“, “marketing research or analysis“, “providing information concerning commercial sales“, etc.If you are not sure which of these services to designate, please consult with a patent attorney via chat. For example, competitive intelligence servicesprofessional business consultancynegotiation of business contracts for othersmarketing researchsponsorship searchetc. Office processing related →When you want to designate this kind of services in Amazing DX®, please designate “office functions, namely filing, in particular documents or magnetic tapes“, “compilation of information into computer databases“, “reception services for visitors in buildings [office functions]“, etc. For example, Services to be included→Selected on Amazing DX®appointment scheduling services [office functions]→office functions, namely filing, in particular documents or magnetic tapesappointment reminder services [office functions]→office functions, namely filing, in particular documents or magnetic tapescomputerized file management→office functions, namely filing, in particular documents or magnetic tapesdata search in computer files for others→compilation of information into computer databasestelephone switchboard services→reception services for visitors in buildings [office functions] Financial processing related →When you want to designate this kind of service in Amazing DX®, please designate “preparation, auditing or attesting of financial statements“. For example, financial auditingtax preparationetc. However, there are a point to be noted when specifying “preparation, auditing or attesting of financial statements“.For details, please read the later section “Wen designating “preparation, auditing or attesting of financial statements““. Other services included in Class 35 →If you would like to designate such services in Amazing DX®, please contact our patent attorney via chat. marketingsales promotion for otherssearch engine optimisation for sales promotionnegotiation of business contracts for otherscost price analysisaccountingetc. Services NOT included in Class 35 Financial Services financial analysisfinancial managementsponsorship[All class 36]. Legal services and intellectual property-related services legal services in relation to the negotiation of contracts for otherslicensing of intellectual propertylegal administration of licensescopyright managementregistration of domain names [legal services][All class 45] Other services NOT included in Class 35 real estate management; stock brokerage services [class 36]transportation logistics [class 39]energy auditing; graphic design of promotional materials [class 42] Notes on designating Class 35. When designating two or more retail and wholesale services In the Japanese trademark registration system, there is a rule that if the scope of the designated goods/services is too wide, a notification of provisional refusal will be issued. (This will be explained in detail in another article.) The basic rule is that “the number of similarity group codes contained in one class must be 22 or less. However, there are the following special rules for retail and wholesale services in class 35. Retail/wholesale services of goods in the same category will have the same similarity group code; retail/wholesale services of goods in a different category will have a different similarity group code.If an application designates two or more retail/wholesale services with different similarity group codes, a notification of provisional refusal will be issued on the grounds that the scope of services is too broad. For example, designated servicessimilarity group coderetail services or wholesale services for furniture35K06retail services or wholesale services for joinery fittings35K06retail services or wholesale services for tatami mats35K06 →Since there is only one similarity group code, the trademark can be registered with only one application. designated servicessimilarity group coderetail services or wholesale services for furniture35K06retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils35K09retail services or wholesale services for clothing35K02retail services or wholesale services for footwear, other than special footwear for sports35K02retail services or wholesale services for bags and pouches35K02retail services or wholesale services for personal articles35K02 →Since there are more than one similarity group code, if these are specified in one application, the trademark application will be refused. So I can’t register a trademark for retail/wholesale services by designating all of the furniture, miscellaneous goods, and fashion related items? Yes, you can. If you prove that you are actually using the trademark or that you intend to use the trademark(*), you can register the trademark for the retail and wholesale services with different similarity group codes in one application. So there’s a way to register a trademark for a wide range of retail and wholesale services! (*) If you use Amazing DX®, additional fees will be charged for the procedures to prove “use of the trademark” and “intent to use the trademark”. When designating “retail services or wholesale services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together“ The service “retail services or wholesale services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together” refers to retail and wholesale services dealing in a comprehensive manner in various genres of goods, such as department stores and supermarkets. If you file a trademark application designating these services, your trademark registration will be refused in the following cases. Where the applicant is an individualorWhere the applicant is a company, and the examiner has searched the applicant and is unable to determine whether or not the applicant is actually engaged in this service. If you can prove that you are actually using the trademark, or that you intend to use the trademark, you may be able to register the trademark for this service as well. When designating “preparation, auditing or attesting of financial statements“ According to the law, only a “certified public accountant” or an “audit corporation” is allowed to provide the service of “audit or certification of financial documents” as a business. (Article 47-2 of the Certified Public Accountants Act) Therefore, unless the applicant is a “certified public accountant” or an “audit corporation,” it is not possible to register a trademark designating the service of “preparation, auditing or attesting of financial statements“. If you file a trademark application designating this service, the examiner will search the applicant to see if he or she is a certified public accountant or auditing firm.If the examiner confirms that the applicant is a certified public accountant or auditing firm, the trademark can be registered. Basically, a person or company that is not a “certified public accountant” or an “auditing firm” does not need to register a trademark designating this service.Even if you do audit financial documents in your company, you are not performing this service as a business (i.e., you are not being paid to do it for others). Therefore, you do not need to register your trademark as you are not using your trademark for this service. File a trademark application designating services in Class 35! Class 35 includes the following categories: advertising; management, organization, and operation of businesses; office work; and retail and wholesale of goods. If you are in the advertising business, in the consulting business related to business management, or if you are running an e-commerce site or a specialty store, please consider filing a trademark application in Class 35. Amazing DX® allows you to easily select your designated goods and services online.First, please select as many goods and services as possible. After the search, it is easy to exclude the goods marked with × and search again. If you are not sure which goods or services to select, please feel free to contact us via chat. Our patent attorneys specializing in trademarks will be happy to answer your questions. Go to Trademark Search Reference: Japan Patent Office “Examination Guidelines for Similar Goods and Services (corresponding to the Nice Classification, 11th Edition, Version 2021)”.Japan Patent Office “Examination Guidelines for Trademarks [Revised 15th Edition]”.From the JPO’s “The Trademark Examination Manual”, “41.100.03 Regarding the Operation for the Examination for Confirming the Applicant’s Use or Intention of Use of a Trademark” (revised December, 2020)From the JPO’s “The Trademark Examination Manual”, “41.100.04 Application for Trademark Registration that may not be “Used in Connection with Goods or Services Pertaining to the Business of an Applicant” in a High Probability” (revised April, 2017). Search for Free!