Trademark Class 40: Treatment of Materials Services

According to NICE Classification, Trademark Class 40 is opted to register a trademark for services includes treating or transforming materials.

The NICE Classification was established in 1957 by NICE Agreement, and it divides marks into 45 different classes by Goods and Services (Classes 1-34 for Goods and Classes 35-45 for Services). The purpose of these classifications is to allow users to seek trademark goods or services into classes most appropriate to their business.

TM Class 40 includes services for the treatment of materials rendered by mechanical or chemical processing, transformation or production of inorganic or organic substances or objects including custom manufacturing services.

Why Should We Opt For TM Class 40?

You would choose Trademark Class 40 if you were registering services related to:

• transformation of object services, a process involving a change in its essential properties, a maintenance service (for example, the chroming of motor vehicle bumpers)
• material treatment services which may be present during the production of any substance or object other than a building; for example, services which involve shaping, cutting, polishing by abrasion or metal coating.

Why you should not use TM Class 40

• if you were registering repair services (Class 37 - Construction and Repair Services)

Related Classes

A related trademark class is one that is related to another class; this is due to the Indian Trademark Office (ITO) has determined that applicants registering within Class 40 may register in these other classes too.

If you are not sure while choosing Class 40 for your service, you also consider the following “Related Classes”:  Class 36- Insurance and Finance Services, Class 35 - Advertising and Business Services, Class 38 - Telecommunication Services, Class 45 - Legal and Security Services, Class 37 - Shipping and Travel Services, Class 41 - Education and Entertainment Services, Class 42 - Science and Technology Services, Class 39 - Transport and Travel Services, Class 43 - Food Services, Class 44 - Medical and Vet Services.

Trademark Registration fees also vary on bases of the Class system. You must pay a separate registration fee for each class of goods and services that you want to register. For instance, if you are going to register a trademark for posters in Class 16 and shirts for Class 25, you should pay two separate fees.

It is necessary to choose the correct class at the time of registering a trademark, if you register a trademark in the wrong class, you must start the registration process from the beginning.

List of All Goods Covered Under TM Class 40

• Abrasion, air purification, air deodorizing, air deodorising, air freshening, apparatus applying finishes to textiles, rental of air conditioning.

• Blacksmithing, blacksmithing, rental of boilers, boiler making, burnishing by abrasion, bookbinding.

• Cadmium plating, chromium plating, cloth edging, cloth cutting, cloth waterproofing, fabric waterproofing, cloth fireproofing, textile fireproofing, fabric fireproofing, cloth pre-shrinking, cloth dyeing, clothing alteration, colour separation services.

• Crease-resistant, treatment for clothing.

• Cryopreservation services,

• Custom fashioning, custom fashioning, custom tailoring, the custom fashioning of fur, assembling of materials for others.

• Decontamination, decontamination of hazardous materials.

• The dental technician, destruction of waste and trash, dressmaking, dyeing services, embroidering, electroplating, production of energy, fabric bleaching, engraving.

• Food and drink preservation, flour milling, food smoking, framing or works of art, fulling of cloth, fruit crushing, fur mothproofing, fur conditioning, fur staining, fur glossing, fur dyeing, galvanization, gilding, rental of generators, gold plating, glass-blowing.

• Incineration of waste and trash, laminating, key cutting, knitting machine rental, laser scribing, leatherworking, leather staining, lithographic printing.

• Magnetization, metal treating, metal plating, metal tempering, metal casting.

• Millworking, offset printing, nickel plating, optical glass grinding, paper treating, paper finishing, pattern printing, permanent press treatment of fabrics, photographic film, photocomposing services, photographic printing, photographic film development, photogravure, materials planning, firing pottery, processing of cinematographic films, processing of oil quitting.

• Refining services, sandblasting services, sawing of materials, show staining, saddlery working, silver plating, silkscreen printing, slaughtering of animals, skin dressing, sorting of waste and recyclable material, soldering, rental of space heating apparatus.

• Tanning, stripping finishes, taxidermy, textile treating, cloth treating, textile dyeing, textile mothproofing, tin plating, timber felling and processing, tinting of car windows, upcycling[waste recycling], warping [looms], welding services, water treating, woodworking, wool treating.