Trademark Class 40

In India, trademark registration is granted only for specific goods and services, which are systematically categorized under 45 different classes as per the Nice Classification (NCL). These classifications help applicants register their trademarks in the correct category based on the nature of goods or services. Class 40 under this system pertains to services involving the treatment, transformation, or processing of materials. This class includes a wide range of services from metal finishing, textile dyeing, and woodworking, as well as 3D printing, waste recycling, and food processing. Businesses that specialize in any form of material modification or industrial transformation must register their trademarks under Class 40 to secure exclusive rights and prevent misuse of the brand name by competitors.

In this blog, we will explore the meaning, scope, significance, and registration process of a trademark under Class 40 in India.

What is Trademark Class 40?

Trademark Class 40 covers services that involve physical, chemical, or mechanical treatment or processing of materials for others. This includes refining, assembling, manufacturing, custom production, and altering goods, either for commercial production or on a bespoke basis.

Essentially, if a service results in a change in the composition, nature, or function of a product, whether through heat, pressure, chemical reaction, or skilled human intervention, it is likely to be covered under Class 40.

List of Services Covered under Trademark Class 40

Below is an extensive list of service categories typically registered under Class 40:

1. Metal and Surface Treatment

• Electroplating
• Anodizing
• Galvanizing
• Chrome or gold plating
• Metal casting, forging, and tempering
• Welding and soldering
• Polishing, grinding, and buffing
• Blacksmith services

2. Textile and Fabric Processing

• Bleaching and dyeing of textiles
• Fireproofing and waterproofing
• Shrinking, stretching, or finishing of fabrics
• Fabric impregnation or lamination
• Printing on textiles and garments

3. Leather and Fur Processing

• Leather tanning, coloring, and finishing
• Fur treatment, including dyeing and cleaning

4. Wood, Glass, and Stone Treatment

• Woodworking and carving
• Sawmilling
• Glass-blowing and glass polishing
• Stone-cutting and sculpting

5. Food and Agricultural Processing

• Pasteurization and sterilization of beverages
• Freezing, drying, and canning of foods
• Cheese aging or fermentation
• Tea or coffee processing
• Bottling and packaging services (related to food transformation)

6. Printing and Reproduction

• Offset, digital, screen, or flexographic printing
• 3D printing and prototyping
• Engraving and embossing
• Photo development and image processing

7. Waste Management and Recycling

• Treatment and destruction of waste materials
• Material recycling (metal, plastic, glass, paper)
• Composting and landfill processing
• Energy generation through waste

8. Specialized Industrial Services

• Cryopreservation and deep freezing
• Custom assembling of machines or components
• Key cutting
• Rental of generators and energy production equipment

Why Trademark Registration under Class 40 is Important?

• Exclusive Rights Over Brand Name: Registering under Class 40 gives you exclusive rights to use your trademark for material processing services, preventing others in the same industry from using a similar name or logo.
• Legal Protection: Trademark registration allows the brand owner to initiate legal action against those who infringe on or misuse the brand, primarily when the infringer operates in the same class.
• Brand Recognition and Trust: A registered trademark builds consumer and B2B trust, which helps your business stand out in a competitive marketplace.
• Essential for Tendering and B2B Contracts: For industries such as welding, waste processing, or textile treatment, registration is sometimes a requirement to obtain government tenders or OEM contracts.
• Enables Licensing and Franchising: Class 40 trademark registration allows businesses to license or franchise their processing models, adding revenue to the business.
• Asset Creation: A registered trademark is considered an intellectual property asset and can be sold, assigned, or used as collateral.

Who Should Register under Trademark Class 40?

The following should register under the trademark class 40:

• Metal finishing companies
• Textile dyeing and printing units
• Industrial welders and fabricators
• Glass-blowing and woodworking artisans
• 3D printing and prototyping firms
• Chemical processing plants
• Recycling and waste management enterprises
• Custom food and beverage processors
• Engraving and embossing services

Overlapping classes to consider

There are some classes that may overlap with Class 40; businesses may need to consider the following classes:

• Class 7 – for machines used in material processing
• Class 35 – for advertising, retail, or B2B services
• Class 37 – for installation and repair
• Class 42 – for technical consultation or design related to processing services

If you offer both processing services and machinery manufacturing, dual registration may be necessary.

How to Register a Trademark Under Class 40

Step 1: Trademark Search

Conduct a thorough search on IP India’s portal to ensure that your desired mark is unique and not already in use within Class 40.

Step 2: Draft the Form TM-A

File your application under Form TM-A either online or physically, mentioning the specific goods covered under Class 40.

Step 3: File the Application

Apply either online via the IP India official website or offline at the appropriate Trademark Registry Office and pay the required fees:

Filing fees vary:

• Individuals/startups: ₹4,500 per class
• Others (companies/LLPs): ₹9,000 per class

Step 4: Examination & Objection

After you file your trademark application, the Registrar of Trademarks examines it for compliance with the legal requirements.

Step 5: Reply to Objections (if any)

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 6: Publication in Trademark Journal

Once the application clears the examination stage (or objections are successfully resolved), it is published in the Trademark Journal.

• The trademark remains published for 4 months, allowing third parties to file opposition, if any.

Step 7: Registration Certificate

If no opposition is filed (or if any opposition is successfully resolved), the Registrar issues a registration certificate. Your trademark is now officially registered under Class 40.

Conclusion

Trademark Class 40 is essential for businesses engaged in material transformation, treatment, and processing services. Whether you run a large industrial metal plating unit or a small custom woodworking shop, securing a trademark under the right class ensures exclusive rights, legal protection, and long-term brand value.