You even have a wonderful name to your real estate business. Perhaps it is Sunshine Home Finders or Quick Key Rentals. You would like not to have people able to use that name. You must have a trademark in order to do that. And to that end, you will have to know the right trademark class for real estate.
Think of trademark categories such as compartments with a large shopping mall. There is different stuff on sale in each section. One time has the toy store; another is the food court. In the case of real estate services, you must visit the appropriate section in order to secure your brand. That section is called Class 36.
This guide will step you through all about Class 36 in a simplest manner possible.
What is a Trademark Class?
Let's break it down. A trademark is a special sign you use to show that your services or products are from your company. It can be your business name, logo, or even a slogan.
But how does the government know what your business does? That's where trademark classes come in.
The world has a system that sorts all products and services into 45 different groups. These groups are called "classes."
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Classes 1 to 34 are for things you can touch, like chemicals, toys, or furniture.
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Classes 35 to 45 are for services you provide, like advertising, education, or legal help.
Real estate services fall into one of these service classes. You guessed it: Class 36.
Related: Trademark Class For Real Estate: Complete Guide 2025
Why is the "Class 36 Trademark Real Estate" So Important?
Choosing the right class is equivalent to sending a letter with the appropriate zip code. Unless you use the correct zip code, your letter is not going to reach where it belongs. Choose the wrong trademark class and your application will be denied, or worse, you will not be safeguarded on the services you are really providing.
Getting your trademark class for real estate right means:
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Your Brand is Safe: No other real estate business in the country can use a name too similar to yours.
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Your Customers Trust You: They know they are dealing with the real you, not a copycat.
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You Can Grow: You can build your business knowing your name is legally yours.
What Services are in Class 36?
Class 36 trademark real estate isn't just for selling houses. It covers a lot of money-related services for property. Here’s a simple list of what belongs in Class 36:
| Service Type | What It Includes | Simple Example |
|---|---|---|
| Buying & Selling | Helping people buy, sell, or rent houses, offices, and land. | "Dream Homes Agency" helps families buy a new house. |
| Leasing & Renting | The trademark class for leasing and renting property is also Class 36. This includes helping landlords find tenants. | "City Space Rentals" finds people to rent apartments in big cities. |
| Property Management | The trademark class for property management is here too. This means taking care of a building for the owner. | "Easy Care Properties" collects rent and fixes things for apartment owners. |
| Financing | Arranging loans or mortgages so people can afford to buy property. | "First Step Mortgages" helps people get a loan from a bank. |
| Insurance | Services for insuring buildings and property. | "Safe Shield Insurance" sells insurance for houses against fire. |
| Real Estate Affairs | Basically, any service related to the business side of property. | A company that only values how much a property is worth. |
So, if your business does any of these things, you need to file your trademark in Class 36.
What is NOT in Class 36?
This fact is equally significant to know. There are other services that appear to have something to do with real estate but they do not.
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Building Construction (Class 37): You should be classified in Class 37 as a company which literally constructs houses or carries out repairs. Class 36 is not about the hammer and nails side, it is about the business and money side.
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Legal Services (Class 45): To do house purchase contracts a lawyer requires a trademark in Class 45 and not in Class 36.
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Online Listings (Class 42): A web site or app that simply lists properties on sale may come under Class 42 of software services. But in case the sale is also assisted by the same company, then it would require Class 36.
Read Also: Various Ways to Profit as a Real Estate Investor
How to Protect Your Real Estate Intellectual Property Rights?
Your real estate intellectual property rights in regard to real estate would include your business name and your logo. It is an elaborate way of saying the stuff that your brain produced but is yours. Protecting them is a big step.
Here’s how you can do it:
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Choose a Unique Name: Select a name that would not be shared by other real estate. Unusual combinations or invented words are the most appropriate.
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Search the Database: You should examine the trademark database of the government before you become too attached. Ensure that you are not taken by somebody in Class 36.
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File Your Application: You may make a trademark application at the United States Patent and Trademark Office (USPTO). You will have to make it clear that you are in Class 36, your services.
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Work with a Professional: This may be a difficult undertaking. It is usually a good idea to discuss with a trademark lawyer. They can also assist you with searching correctly and completing the forms correctly, thus, you do not spend time and money on it.
Trademarking your commercial property trademark, or residential real estates brand, provides you with a strong weapon. It allows you to prevent other people using a similar name by mistake.
Frequently Asked Questions (FAQs)
What is the legal class for real estate services?
Class 36 is the legal class for real estate services. This is the formal category used by the USPTO and most countries of the world in purchasing, selling, renting and managing property.
Can I use my real estate trademark in other classes?
perhaps, but then only when you are able to render services in those other classes. One can only safeguard his trademark on the services that he offers. In case your real estate company would also begin a construction business, then you would need to file a different application under Class 37 to protect your name under that new service.
What happens if I file in the wrong trademark class?
Your real estate services will not be covered under your trademark in case you register under the wrong category. Incidentally, assuming you put your name in Class 37 (construction), somebody might go ahead and open a real estate sales company under the same name and you could do nothing about that. It is really essential to get it right.
How long does a trademark last?
In the U.S. a trademark can become permanent, but you must continue to use it, and file some paperwork in every 10 years to demonstrate active registration. It's not a one-time thing.
Is a trademark the same as incorporating my business?
No, they are different. Forming a legal company by incorporating your business (such as LLC or corporation) shields you as an individual. The trademarks secure your business name and brand so that no one can use them. Two are required to be fully protected.
