Communications Agency Trademark: Which Classes to File?
Classes 35, 42 and 41: how to file a communications, digital or advertising agency trademark at INPI or EUIPO.
Communications agencies, whether generalist, digital, specialising in branding or public relations, often ask me about trademark filing when structuring their business. The agency name is their primary sales tool — and it deserves proper protection.
Before filing, verify your trademark is available and registrable. For the full process, see the trademark filing guide.
Class 35 is the natural class for a communications agency. It covers advertising, public relations, corporate communications consulting, advertising campaign planning, social media management for advertising purposes, and organisation of promotional events.
It also covers marketing strategy consulting, online reputation management, and media buying. For most agencies, class 35 forms the minimum foundation of the filing.
If your agency offers website design, application development, computer graphic design, or IT consulting services, class 42 comes into play. It covers computer-aided graphic design, software development, and website design.
In practice, the boundary between a “digital agency” and a “development studio” is blurred — but from a classification standpoint, computerised creative services fall under class 42. If the agency also develops internal tools offered as SaaS, see the article on classes for a SaaS trademark.
If your agency produces audiovisual content (videos, podcasts, animations), organises events (seminars, conferences) or offers training (workshops, masterclasses), class 41 is relevant. It covers video and audio production, online publishing, organisation of cultural or educational events, and professional training.
For agencies operating their own media channels (newsletters, content distribution platforms, streaming), class 38 covers internet content broadcasting and telecommunications services.
A traditional advertising agency will primarily file in class 35. A full-service digital agency will combine classes 35, 42 and 41. An agency specialising in video production will prioritise classes 41 and 38. The filing must reflect your actual business — not a theoretical ideal.
Do not file in five classes “just in case”. Each additional class has a cost and creates an obligation of use. A filing that is too broad exposes you to a revocation action five years after registration. Start from what you do today and what you reasonably plan within the next five years.
If you would like to file your agency trademark, book a call.
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