Trademark Registration – Classification Guide Class 35 in Japan

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 goods
retail 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 includedSelected on Amazing DX®
Sales of “lunchboxes and prepared foods” at antenna storesretail services or wholesale services for foods and beverages
retail services or wholesale services for processed food
Sales of “key chains” in vending machinesretail services or wholesale services for bladed or pointed hand tools, hand tools and metal hardware
Sales of “clothes, shoes, and bags” through online shoppingretail services or wholesale services for clothing
retail services or wholesale services for footwear, other than special footwear for sports
retail 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,

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,

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 includedSelected on Amazing DX®
appointment scheduling services [office functions]office functions, namely filing, in particular documents or magnetic tapes
appointment reminder services [office functions]office functions, namely filing, in particular documents or magnetic tapes
computerized file managementoffice functions, namely filing, in particular documents or magnetic tapes
data search in computer files for otherscompilation of information into computer databases
telephone switchboard servicesreception 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,

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.

Services NOT included in Class 35

Financial Services

Legal services and intellectual property-related services

Other services NOT included in Class 35

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.

  1. 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.
  2. 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 code
retail services or wholesale services for furniture35K06
retail services or wholesale services for joinery fittings35K06
retail 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 code
retail services or wholesale services for furniture35K06
retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils35K09
retail services or wholesale services for clothing35K02
retail services or wholesale services for footwear, other than special footwear for sports35K02
retail services or wholesale services for bags and pouches35K02
retail 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.

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.

Reference:

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