Trademark Class 40: Treatment of Materials

Introduction

Trademark classes are very important when it comes to registering your Trademark. Filling the right TM class in your Trademark registration application is an absolute necessity. In this article, we will focus on Trademark Class 40, which deals with Trademark registration for services related to ‘treatment of materials’. So, let’s dive in!

What is a trademark class?

Trademark classes are in different categories. These categories have been created to organize the trademark registration process. These classes are organized based on the type of goods or services that are provided. The classification system followed is the nice classification system, which is an international system of standardization for trademarks. There are a total of 45 trademark classes, classes 1 to 34 deal with goods whereas classes 35 to 45 deal with services.

What Comes under TM Class 40

Trademark Class 40 includes services related to various treatments of materials. This class includes:

1. Mechanical or chemical processing of objects
2. Transformation of objects, inorganic substances and organic substances.

This blog discusses all the services included in Trademark Class 40 in detail. keep on reading to know more!

It should be noted that for Trademark class 40:

• If someone processes or transforms the object as a service for another person, the mark qualifies as a service mark.
• If the person who processes or transforms the object also markets it, the mark does not qualify as a service mark.

Important services included in Trademark Class 40

• Transformation of an object that changes its essential properties. For example, dyeing a garment
• Most maintenance services are included in Trademark Class 37. However, if there are essential properties, then those services come under Class 40. This is a vital difference between class 37 vs class 40. For example, the chroming of motor vehicle bumpers
• Any treatment of materials done during the production of an object (Except buildings). For example, services which involve cutting, shaping, polishing by abrasion, metal coating, etc.

Some important services included in this class are:

• Air purification
• Air deodorising
• Air freshening
• Blacksmithing
• Bookbinding
• Bleaching of clothing
• Bleaching of fabric
• Chromium plating
• Cloth cutting
• Brazing
• Cloth waterproofing

Class 40 trademark list does not include

• Class 40 does not include Repair services, they go under class 37. (Another vital difference between class 37 vs class 40)

List of popular class 40 trademark

• Hindustan Unilever Pureit: They provide water treatment; Air purification, and air refreshment services
• Attero: E-waste management and recycling services
• Ador: Various kinds of welding services

You can also find a list of all the services included in Trademark Class 40 below:

Class	Term

Why are trademark classes important?

Trademark classes, be it Trademark Class 40 or any other class, are a very important part of the Trademark registration process. Firstly, they help make the trademark registration process smooth and organized. This is especially helpful for conducting a trademark search, which is a necessary step before going for trademark registration. Additionally, it ensures that having a similar trademark in a completely different category doesn’t stop or impact someone from using a similar trademark in another category.

Why is it important to choose the correct trademark class?

Trademark registration only gives you the exclusive right to use your trademark within the class that you register it. For example, if you have a skincare brand, and you register a trademark for it in the correct class, the trademark ensures that nobody else selling a similar product or service can use a similar trademark. Choosing the correct trademark class is extremely important to ensure that your trademark is protected within your industry. Choosing the wrong trademark class while filling out your trademark application can lead to your application getting rejected or receiving a formality check failure status. But that is not all, if you register a trademark in the wrong class or you miss registering it in other relevant classes you cannot protect your trademark from your competitors; you can’t enjoy the benefits of Trademark registration in the relevant fields.

Conclusion

Now that you know all about TM classes, their importance, and Trademark class 40, let’s talk about filing your Trademark registration application. If you want to register a trademark but don’t know where to begin, reach out to LegalWiz.in, our professionals will handle the rest. We make the whole process extremely simple and straightforward for everyone. Reach out to us today and safeguard your brand!