Trademark Class 40 of Nice Classification - the complete guide

What is Trademark Class 40?

Trademark Class 40 encompasses services related to the treatment of materials, including their transformation or modification. These services are essential for industries involved in production, recycling, or customization.

It covers a broad range of activities, such as energy generation, material processing, and waste recycling, catering to various industrial needs.

Businesses in this class play a critical role in ensuring sustainability and efficiency through innovative material handling.

What are key features of Class 40?

Key features include the transformation of raw materials, customization of products, and support for sustainable industrial practices.

Class 40 for trademarks: a brief description

Class 40 includes services that involve physical, chemical, or mechanical treatment of materials. These services are vital for creating finished goods or repurposing existing materials.

It also encompasses energy production and environmental processing activities.

Practical examples of Class 40

Examples include companies providing metal forging, glass blowing, or paper recycling services.

What Does Class 40 Include?

Class 40 covers services related to the transformation or treatment of materials, substances, or objects, resulting in a change in their essential properties, such as during production or any other way involving customization, preservation, or finishing work. In this class, businesses usually provide specialized expertise in altering or processing materials for a particular need.

Services That Are Mainly Contained in Class 40

This class includes services such as dyeing of garments and other transformation processes even when undertaken in connection with repair or maintenance, such as chromium plating of motor vehicle bumpers. Included are services of material treatment, namely operations such as cutting, shaping, polishing by abrasion or the like, or metal coating; services of joining or attaching materials such as soldering or welding also fall under this class.

Class 40 extends to cover the treatment of foodstuffs; this includes fruit crushing, flour milling, preservation of food and drinks, smoking and freezing. Services in this class include custom manufacturing, wherein goods are produced to the order and specification of clients. Examples would be the custom manufacture of automobiles or other specialized items.

Furthermore, services falling within this class include quilting, embroidering, tailor-made garments, dyeing of textiles, and applying finishes to textiles, which show that the class covers industries related to textiles and garment production. Class 40 covers businesses involved in craftsmanship, manufacturing, and material innovation, including various material transformation services.

Trademark Class 40 does not include

While Class 40 covers material treatment or processing services, a number of activities in this class are expressly excluded. Such services are generally excluded from this class inasmuch as they do not affect any change in an object or substance or usually fall within other categories of work, such as construction, cleaning or decorative services.

For example, services that involve the maintenance or repair of goods without changing their essential properties, such as furniture maintenance or repair, fall under Class 37. Construction-related services, such as painting and plastering, are also included in Class 37. Cleaning services, including laundering, window cleaning, and the cleaning of interior and exterior building surfaces, do not fall under Class 40 but are encompassed within the same class.

Other Exclusions

Other excluded services also include rustproofing activities, such as anti-rust treatment of vehicles, which likewise belong to Class 37. Other specific customization services include custom painting services for automobiles and are also under Class 37. Also, food decoration and sculpting services, if only for improving the appearance of food and not changing its essential properties, are classified under Class 43.

Understanding such exclusions helps businesses to ensure that they are registering their services under the correct class of trademark, which brings clarity and proper protection for their offerings.

Full list of goods or services

400001 — abrasion,  
400081 — air deodorizing / air deodorising,  
400082 — air freshening,  
400003 — air purification,  
400005 — applying finishes to textiles,  
400128 — beer brewing for others,  
400029 — blacksmithing,  
400099 — boilermaking,  
400049 — bookbinding,  
400048 — burnishing by abrasion,  
400013 — cadmium plating,  
400142 — carbon capture,  
400138 — cheese processing services in the nature of ripening, maturing and aging of cheese,  
400017 — chromium plating,  
400021 — cloth cutting,  
400060 — cloth dyeing,  
400010 — cloth edging,  
400037 — cloth fireproofing / fabric fireproofing / textile fireproofing,  
400069 — cloth pre-shrinking,  
400036 — cloth waterproofing / fabric waterproofing,  
400098 — clothing alteration,  
400107 — colour separation services,  
400132 — consultancy in the field of wine making,  
400038 — crease-resistant treatment for clothing,  
400139 — crushing of concrete,  
400121 — cryopreservation services,  
400127 — custom 3D printing for others,  
400083 — custom assembling of materials for others,  
400148 — custom biomanufacturing of pharmaceuticals,  
400028 — custom fashioning of fur,  
400136 — custom manufacturing of aircraft,  
400133 — custom manufacturing of boats,  
400129 — custom manufacturing of bread,  
400146 — custom manufacturing of chips [integrated circuits] for others,  
400102 — custom manufacturing of orthodontic appliances,  
400053 — custom tailoring,  
400109 — decontamination of hazardous materials,  
400105 — destruction of waste and trash,  
400134 — distillation services,  
400012 — dressmaking,  
400056 — dyeing services*,  
400026 — electroplating,  
400063 — embroidering,  
400145 — encapsulation of semiconductors for others,  
400035 — engraving,  
400008 — fabric bleaching,  
400044 — flour milling,  
400066 — food and drink preservation,  
400033 — food smoking,  
400084 — framing of works of art,  
400117 — freezing of foods,  
400032 — fruit crushing,  
400120 — fulling of cloth,  
400020 — fur conditioning,  
400072 — fur dyeing,  
400070 — fur glossing,  
400030 — fur mothproofing,  
400071 — fur satining,  
400034 — galvanization,  
400024 — gilding,  
400062 — glass-blowing,  
400085 — gold plating,  
400041 — grinding,  
400147 — herbal medicine decocting services,  
400106 — incineration of waste and trash,  
400140 — irradiation of food,  
400137 — joinery services [custom manufacturing of woodwork],  
400108 — key cutting,  
400112 — knitting machine rental,  
400040 — laminating,  
400086 — laser scribing,  
400019 — leather staining,  
400064 — leather working,  
400110 — lithographic printing,  
400004 — magnetization,  
400100 — metal casting,  
400018 — metal plating,  
400043 — metal tempering,  
400042 — metal treating,  
400031 — millworking,  
400045 — nickel plating,  
400113 — offset printing,  
400088 — optical glass grinding,  
400006 — paper finishing,  
400061 — paper treating,  
400130 — pasteurizing of food and beverages / pasteurising of food and beverages,  
400022 — pattern printing,  
400014 — permanent-press treatment of fabrics,  
400114 — photocomposing services,  
400023 — photographic film development,  
400089 — photographic printing,  
400090 — photogravure,  
400050 — planing of materials,  
400015 — pottery firing / firing pottery,  
400111 — printing,  
400002 — processing of cinematographic films,  
400091 — processing of oil,  
400103 — production of energy,  
400143 — production of renewable green energy,  
400087 — providing information relating to material treatment,  
400092 — quilting,  
400068 — recycling of waste and trash,  
400093 — refining services,  
400118 — rental of air-conditioning apparatus,  
400141 — rental of batteries,  
400123 — rental of boilers,  
400104 — rental of electricity generators,  
400135 — rental of industrial robots for use in manufacturing,  
400144 — rental of printers for use with computers,  
400119 — rental of space heating apparatus,  
400051 — saddlery working,  
400122 — sandblasting services,  
400052 — sawing of materials,  
400016 — shoe staining,  
400115 — silkscreen printing,  
400007 — silver plating,  
400047 — skin dressing,  
400094 — slaughtering of animals,  
400011 — soldering,  
400116 — sorting of waste and recyclable material [transformation],  
400095 — stripping finishes,  
400054 — tanning,  
400055 — taxidermy,  
400057 — textile dyeing,  
400059 — textile mothproofing,  
400058 — textile treating / cloth treating,  
400067 — timber felling and processing,  
400027 — tin plating,  
400126 — tinting of car windows,  
400124 — upcycling [waste recycling],  
400101 — vulcanization [material treatment],  
400046 — warping [looms],  
400097 — waste treatment [transformation],  
400025 — water treating,  
400125 — welding services,  
400065 — window tinting treatment being surface coating,  
400131 — wine making for others,  
400009 — woodworking,  
400039 — wool treating.