Under the globally recognised Nice Classification system, trademarks are categorised into 45 different classes to facilitate the registration and protection of various goods and services. Trademark Class 37 pertains to services involving building construction, repair, and installation services. Registration in this class is necessary for businesses operating in construction, maintenance, real estate development, and mechanical installation sectors. If your company offers hands-on, physical work involving buildings, machinery, or infrastructure, Class 37 is essential for protecting the identity of your brand.
This blog provides a comprehensive guide to Trademark Class 37 in India, including the services covered, exclusions, examples of registrations, overlapping classes, and the registration process.
What is Trademark Class 37?
Trademark Class 37 includes services related to the construction, renovation, repair, maintenance, and installation of buildings, infrastructure, mechanical systems, and industrial plants. Trademark registration under Class 37 is done by builders, civil contractors, real estate developers, electricians, plumbers, HVAC technicians, and companies involved in property development and infrastructure services.
Services Covered under Trademark Class 37
Class 37 includes the following range of services:
1. Building Construction and Civil Works
- Scaffolding erection and rental
- Building insulation services
- Construction supervision
- Construction of buildings, bridges, roads, tunnels, and dams
- Property development and infrastructure building
- Demolition of structures and site clearance
- Masonry, bricklaying, and plastering services
- Roofing services, including installation and repair
2. Repair and Maintenance Services
- Maintenance and restoration of heritage and modern buildings
- Vehicle maintenance and repair, including cars, trucks, and motorcycles
- Repair of electronic, electrical, and mechanical appliances
- Ship and boat repair
- Aircraft maintenance and repair
- Watch and clock repair
- Furniture restoration and maintenance
- Maintenance of gas and water installations
3. Installation Services
- Installation of elevators, escalators, and moving walkways
- Heating, cooling, and air-conditioning system installation (HVAC)
- Plumbing and sanitary installations
- Installation of fire alarms and security systems
- Solar panel installation
- Kitchen and bathroom fixture installation
- Insulating glass installation
- Installation of industrial machines and factory equipment
4. Cleaning and Sanitary Services
- Interior and exterior building cleaning
- Industrial cleaning and power washing
- Window cleaning services
- Street and sidewalk cleaning
- Janitorial and custodial services
- Post-construction cleanup
- Disinfection and pest control (non-agricultural)
5. Surface Finishing and Restoration
- Painting and decorating
- Varnishing and wallpapering
- Flooring installation (tiles, wood, carpet)
- Stone polishing and concrete resurfacing
- Rust removal and anti-corrosion treatment
- Sandblasting and powder coating
6. Utilities and Technical Support
- Electrical wiring and rewiring
- Laying cables and pipelines
- Irrigation system installation
- Installation of lighting systems
- Technical consultancy in installation processes (non-design)
Examples of Trademarks in Class 37
- Larsen & Toubro
- Sobha Developers
- Blue Star
- Voltas
- UrbanClap (now Urban Company)
What Class 37 does not cover
The following services are not covered under Class 37:
- Architectural and design consultancy is covered in Class 42
- Engineering project studies and technical evaluation are covered in Class 42
- Pest extermination in agriculture is covered in Class 44
- Installation of computer systems is covered in Class 42
- Transportation of materials is covered in Class 39
Who Should Register under Class 37?
If your business is engaged in any of the following activities, then you should register under Class 37:
- Civil and commercial construction companies
- Property developers and builders
- Electrical, mechanical, and plumbing service providers
- HVAC and refrigeration installation companies
- General maintenance and renovation contractors
- Real estate servicing firms
- Elevator, escalator, and automation technicians
- Janitorial and cleaning service companies
- Home service aggregator platforms (online/offline)
Benefits of Registering a Trademark under Class 37
Registration under Class 37 is beneficial for your business as it:
- Ensures exclusive use of your brand in the construction and repair sector.
- Builds trust among clients, especially in long-term infrastructure projects.
- Prevents brand misuse by unauthorised service providers.
- Helps in business expansion through franchising or subcontracting.
- Strengthens legal position during disputes over similar marks.
- Protects brand reputation in a highly competitive sector.
How to Register a Trademark under Class 37 in India?
Step 1: Trademark Search
Visit the IP India Trademark Search Portal to check if the desired trademark is available.
Step 2: Prepare and File Form TM-A
Draft the application using Form TM-A. Use correct terminology based on the official classification. You can file the application either online via the IP India website or manually at the Trademark Registry office.
Step 3: Examination by Registrar
After you file your trademark application, the Registrar of Trademarks will examine whether it complies with the established requirements.
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 5: Publication in the Trademark Journal
Once your application is accepted, the mark is advertised in the Trademark Journal. The trademark remains published for 4 months, allowing third parties to file an opposition.
Step 6: Opposition and Issuance of Registration Certificate
If someone opposes the registration, the case may go into a hearing. If it is resolved in your favour or if unopposed, the registrar issues a registration certificate.
Trademark Validity and Renewal
- A registered trademark is valid for 10 years from the date of registration
- The registration can be renewed from time to time for successive periods of ten years each.
Conclusion
Trademark Class 37 provides essential protection for service providers in the construction, repair, and installation industry. Registering your trademark under Class 37 is a crucial step that ensures exclusive rights, prevents misuse, and enhances your market presence in an increasingly regulated and brand-sensitive environment.
