Trademark Class 40: Treatment of Materials

A comprehensive guide to Class 40 of the Trademark Filing Classification. Trademarks must be applied or registered under classes and each class represents a distinct class of goods or services. In this post, we comprehensively cover the services which fall under Class 40 of trademark classification.

Trademark Class 40

Trademark Class 40 pertains to services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.

The following services are also classified under Class 40:

Services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);
Services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating.

The following services are NOT classified under Class 40:

Repair services.

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Comprehensive list of services classified under Trademark Class 40

The following services must be classified under Trademark Class 40:

abrasion
air purification
air deodorising
air freshening
rental of air conditioning apparatus
applying finishes to textiles
blacksmithing
boilermaking
rental of boilers
bookbinding
burnishing by abrasion
cadmium plating
chromium plating
cloth edging
cloth cutting
cloth waterproofing / fabric waterproofing
cloth fireproofing / fabric fireproofing / textile fireproofing
cloth dyeing
cloth pre-shrinking
clothing alteration
colour separation services
crease-resistant treatment for clothing
cryopreservation services
custom fashioning of fur
custom tailoring
custom assembling of materials for others
decontamination of hazardous materials
services of a dental technician
destruction of waste and trash
dressmaking
dyeing services
electroplating
embroidery services
production of energy
fabric bleaching
flour milling
food smoking
food and drink preservation
framing of works of art
freezing of foods
fruit crushing
fulling of cloth
fur conditioning
fur mothproofing
fur glossing
fur satining
fur dyeing
galvanization
rental of generators
gilding
glass-blowing
gold plating
grinding
incineration of waste and trash
key cutting
knitting machine rental
laminating
laser scribing
leather staining
leather working
lithographic printing
magnetization
metal plating
metal treating
metal tempering
metal casting
millworking
nickel plating
offset printing
optical glass grinding
paper finishing
paper treating
pattern printing
permanent-press treatment of fabrics
photocomposing services
photographic film development
photographic printing
photogravure
planing [saw mill]
pottery firing / firing pottery
printing
processing of cinematographic films
processing of oil
quilting
recycling of waste and trash
refining services
saddlery working
sandblasting services
sawing [saw mill]
shoe staining
silkscreen printing
silver plating
skin dressing
slaughtering of animals
soldering
sorting of waste and recyclable material [transformation]
rental of space heating apparatus
stripping finishes
tanning
taxidermy
textile dyeing
textile treating / cloth treating
textile mothproofing
timber felling and processing
tin plating
material treatment information
upcycling [waste recycling]
vulcanization [material treatment]
warping [looms]
waste treatment [transformation]
water treating
welding services
window tinting treatment, being surface coating
woodworking
wool treating

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Frequently Asked Questions

Common questions about Trademark Class 40: Material Treatment Services Explained.

Trademark Class 40 covers services related to the mechanical or chemical processing or transformation of objects or inorganic or organic substances. It includes services like dyeing, polishing, metal coating, material treatment, and any process that involves changing the essential properties of an object or substance.

No, repair services are not classified under Trademark Class 40. Repair services are typically classified under Trademark Class 37, which covers repair and installation services.

Yes, a service can be classified as both a service mark and a trademark under Class 40. If the processing or transformation is done for the account of another person, it is considered a service mark. However, if the processed or transformed substance or object is marketed by the person who processed or transformed it, it is considered a trademark.

Yes, Trademark Class 40 includes various textile-related services such as cloth dyeing, cloth edging, cloth cutting, cloth waterproofing, cloth fireproofing, fabric bleaching, and textile treating or cloth treating.

Yes, Trademark Class 40 covers services related to food processing, such as food smoking, food and drink preservation, freezing of foods, and fruit crushing.

Yes, services related to waste management, such as destruction of waste and trash, incineration of waste and trash, recycling of waste and trash, sorting of waste and recyclable material, and waste treatment (transformation), are classified under Trademark Class 40.

Yes, Trademark Class 40 includes various metal-related services like blacksmithing, boilermaking, cadmium plating, chromium plating, electroplating, galvanization, metal plating, metal treating, metal tempering, and metal casting.

Yes, Trademark Class 40 includes services related to printing and publishing, such as bookbinding, colour separation services, lithographic printing, offset printing, photographic film development, photographic printing, and photocomposing services.

Yes, Trademark Class 40 covers services related to energy production, specifically the "production of energy" service.

Yes, Trademark Class 40 includes rental services for certain equipment or machinery used in processing or transformation activities, such as the rental of air conditioning apparatus, rental of boilers, rental of generators, and rental of space heating apparatus.