Trademark Class 37, Building Construction and Repair

When registering a trademark, understanding the USPTO’s classification system is essential. This system organizes goods and services into 45 distinct trademark classes, ensuring trademarks are categorized effectively. For business owners in the construction, repair, and installation industries, Trademark Class 37 is particularly relevant. This guide will explore Trademark Class 37 in detail, including its definition, coordinated classes, the importance of a trademark search, and why federal trademark protection is crucial—even for businesses operating in just one state.

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What Are Trademark Classes?

Trademark classes are a system used by the United States Patent and Trademark Office (USPTO) to categorize goods and services for trademark registration. There are 45 trademark classes: 34 for goods and 11 for services. Each class groups related items, simplifying the trademark registration process and minimizing conflicts between similar trademarks.

When filing a trademark application, selecting the correct class is critical. USPTO filing fees depend on the number of classes under which your goods or services fall. For instance, the basic filing fee for a single-class application is $350 per class as of January 18, 2025, regardless of the filing method. If your business spans multiple trademark classes, you’ll need to pay an additional fee for each class.

What Is Trademark Class 37?

Trademark Class 37 covers services related to construction, installation, repair, and maintenance. As per the Nice Classification, “Trademark Class 37 includes services in the field of construction, restoration of objects to their original condition, and preservation without altering their properties.”

Common Services in Trademark Class 37

Construction and Demolition: Includes services such as building construction, road and bridge construction, and demolition work.
Repair and Maintenance Services: For example, vehicle maintenance, plumbing, electrical repairs, furniture restoration, and swimming pool maintenance.
Installation Services: Includes heating and air conditioning systems, computer hardware, and roofing.
Shipbuilding and Tool Rentals: Includes ship construction and leasing heavy machinery such as cranes or bulldozers.
Cleaning Services: Window washing, vehicle cleaning, clothing laundering, and pressing.

Goods and Services NOT in Trademark Class 37

It’s essential to avoid confusion with other classes that might seem similar but fall under different categories:

Physical storage of goods (Trademark Class 39).
Transformation services involving a change in essential properties, such as custom tailoring, dyeing fabric or metal plating (Trademark Class 40).
Software installation, website hosting, and architectural services (Trademark Class 42).

Why Federal Trademarks Benefit Trademark Class 37 Businesses

Federal trademark registration offers significant benefits to businesses in Trademark Class 37, even those operating within a single state. A federal trademark provides nationwide protection, which is critical for businesses that serve out-of-state or international clients or advertise beyond their home state.

For example, if a local plumbing business operates in California but advertises its services on a website accessible nationwide, it could qualify for federal trademark protection. Similarly, a construction company based in Texas that takes contracts in neighboring states or Canada could benefit from federal registration.

A few key benefits of federal trademarks include:

Exclusive Nationwide Rights: A federal trademark secures your brand name or logo across all 50 states, deterring competitors from using similar marks.
Legal Presumption of Ownership: Federal registration simplifies enforcement against infringers by providing a legal presumption of your rights.
Valuable Business Asset: A federally registered trademark enhances your business’s credibility and can increase its value in potential partnerships or sales.

Coordinated Classes for Trademark Class 37

Coordinated classes help identify trademarks that may overlap with or relate to your services.

For Trademark Class 37, related trademark classes include:

Trademark Class 35: Advertising and business services.
Trademark Class 36: Insurance and financial services.
Trademark Class 38: Communication services.
Trademark Class 39: Transportation and storage services.
Trademark Class 40: Material treatment services.
Trademark Class 41: Education and entertainment services.
Trademark Class 42: Computer, scientific, and legal services.
Trademark Class 43: Hotels and restaurants services.
Trademark Class 44: Medical, beauty, and agricultural services.
Trademark Class 45: Personal services.
Goods Certification Marks: A.
Services Certification Marks: B.
Collective Membership Marks: 200.

Why Conduct a Trademark Search for Trademark Class 37 Services?

Conducting a thorough trademark search is critical for businesses in Trademark Class 37. Here’s why:

Avoiding Infringement: Construction and repair services often operate locally but can encounter similar trademarks in other regions. A trademark search ensures your chosen name isn’t already in use.
Reducing Legal Risks: Identifying conflicting marks early prevents costly disputes or rebranding after launch.

Elements of a Comprehensive Trademark Search

Federal Trademark Search: This search reviews the USPTO database for registered and pending trademarks. It’s essential because federal registration gives nationwide priority. Without this search, you risk selecting a trademark that is federally protected by another business.

State Trademark Search: Many businesses only register trademarks at the state level. Checking these databases is crucial to avoid conflicts in your operating state or neighboring states.

Common Law Search: This search investigates unregistered, but IN USE, trademarks used in commerce. These rights often arise locally but could pose significant risks, especially if you inadvertently adopt a name already recognized by consumers.

A proper search doesn’t just identify identical marks but also finds similar trademarks in sound, appearance, or meaning. It also considers related goods and services to determine if confusion could arise.

Since this process can be complex, it’s wise to hire a professional trademark search company. Experts like TradeMark Express ensure that your search is thorough and accurate, reducing the risk of legal complications and improving your chances of trademark approval.

Specimens for Trademark Class 37

For trademark applications, a specimen demonstrates how your trademark is used in commerce to identify your services.

Acceptable specimens for Trademark Class 37 include:

Online Advertising or Printed Matter: For example, a screenshot of an online ad promoting your roofing services or a scanned copy of a newspaper advertisement.
Marketing Materials: Flyers or brochures advertising your plumbing or vehicle maintenance services.
Signage at Job Sites: A photo of a sign displaying your trademark at a building construction site.
Materials Used in Service Delivery: Invoices for housecleaning services or branded uniforms worn by staff.
Business Cards and Letterhead: Materials showing direct association between your trademark and electrical repair services.

These examples vary across Trademark Class 37 services to ensure compliance and effectively demonstrate use in commerce.

Conclusion

Trademark Class 37 encompasses a wide range of essential services in construction, repair, and maintenance. Registering a federal trademark benefits your business by protecting your brand, enhancing credibility, and paving the way for expansion. Before filing, conduct a comprehensive trademark search to safeguard your trademark and ensure legal compliance.

At TradeMark Express, we specialize in trademark searches and applications. Contact us today to protect your business and simplify the trademark registration process!

Protect your construction or repair services in Trademark Class 37 today.

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Shannon Moore