Trademark Class 40 Search India: Treatment of Materials

Eligibility for Trademark Class 40

Trademark Class 40 covers a broad range of services related to material processing, manufacturing, and treatment services. You can register different types of trademark under this class. Here is a detailed outline of the same:

• Custom Manufacturing Services : Companies offering tailor-made manufacturing, such as custom metalworking, fabricating, and bespoke product creation, can register their trademark in this class
• Metal Treatment: Services such as metal galvanising, anodising, heat treatment, and other processes that enhance the quality or properties of metals are included in Class 40
• Textile Dyeing and Treatment: Businesses engaged in textile dyeing, printing, and processing materials for fabric production qualify for trademark registration under Class 40
• Waste Recycling Services: Companies that offer recycling, waste management, and environmental processing services, including plastic, paper, or electronic waste recycling, are eligible for Class 40 registration
• 3D Printing Services: Businesses offering 3D printing for prototype development, product creation, or custom manufacturing are also covered by this class.
• Industrial Production Services: This includes businesses that provide specialized processing services for products like chemicals, plastics, and other raw materials, often leading to the production of goods in bulk.

What Cannot Be Registered Under Trademark Class 40

Trademark Class 40 mainly comprises services involving the processing, manufacturing, and treatment of materials. However, some services and products do not fall under this category and must be registered under other relevant classes. As per trademark class 40 description here are some of the key exclusions:

• Services that do not change the fundamental nature of the object or substance Services that do not create a difference in the fundamental nature of the article, like furniture maintenance or repair, fall under Class 37 as a class of services concerning repair and maintenance.
• Construction services, for example, painting and plastering
• Class 37: painting and decorating services; plastering services; construction services The services related to the physical construction or finishing of buildings, like painting and plastering services, are included in Class 37, not in Class 40. They fall under the general construction industry.
• Cleaning services including laundry, window cleaning, cleaning surfaces (interior and exterior) Cleaning services include laundering or washing of goods and cleaning surfaces, interior or exterior. All these services fall under Class 37, which includes maintenance and upkeep services.
• Rustproofing services like anti-rust treatment for vehicles Rustproofing services, including anti-rust treatment for vehicles, come under Class 37 because the services are deemed to be repair and maintenance in nature rather than material processing or treatment.
• Other customization services include custom painting of automobiles. Custom painting of vehicles, which is the changing of the physical appearance of the object, should be classified under Class 37 because it has to do with alteration and refinishing.
• Food decorating or sculpting services Decorating or sculpting food-related services fall under Class 43 because it has to do with the hospitality and food industry, not Class 40, which deals with industrial and material processes.

Related (Coordinated) Classes

While Class 40 of Trademarks largely deals with material processing, manufacturing, and treatment services, some services always intersect with other classes. These related classes help companies identify the most relevant classification for their services. Here is the list of key related classes that coordinate with Class 40:

• Trademark Class 35: (Advertising and Business Services): The services of management of business, advertising, and commercial transactions which support material processing or manufacturing, including, for example, business consulting or advertising services specifically for manufacturing companies
• Trademark Class 9: (Electronics and Technology Products): This class includes technological equipment and machinery and materials for performing manufacturing processes, including but not limited to 3D printers, metalworking tools
• Trademark Class 37: Construction and Repair Services. Services comprising installation, maintenance or repair of machinery for use in manufacturing, or facilities for treatment of materials, included in Class 37
• Trademark Class 42: Technology and Industrial Design Services. Industrial design, technological research and development from or for the manufacturing field, as well as prototype and development of products are classified in Class 42
• Trademark Class 11: (Environmental Services and Waste Management): Waste treatment, including all environmental services of purifying the air or filtering the water that are related to some of the recycling or treatment services included in Class 40.

Looking to Register Your Trademark Under Class 40?

Before filing your trademark registration, it’s necessary to identify the accurate trademark classes for your product or service. Our free Trademark Search Tool helps you determine the appropriate class for your trademark registration process and check if the proposed trademark is already registered.