Trademark Class 40: Material Treatment & Custom Manufacturing
Trademark Class 40 covers a wide range of services related to material treatment, manufacturing, and processing. From custom manufacturing to food preservation and metal treatment, this class includes businesses that transform raw materials into finished products. Understanding the scope of Trademark Class 40 is essential for businesses in these industries, ensuring they protect their brand and avoid conflicts with existing trademarks.
In this blog post, we’ll explore what falls under this class, what doesn’t, and why a thorough trademark search is crucial before filing.
What Are Trademark Classes?
Trademark classes are categories established under the Nice Classification system to organize trademarks based on the goods and services they cover. When filing a trademark application, choosing the correct class is essential. Each trademark class covers a specific category of goods or services, but trademark protection isn’t limited to just that class.
Two businesses can sometimes use the same name if they offer completely different products or services. However, if their offerings are related—like clothing and fashion accessories, or restaurants and catering—there could still be a trademark conflict, even if they fall under different classes.
This is why a comprehensive trademark search is so important. It helps uncover potential conflicts across multiple classes, reducing the risk of legal issues. We’ll dive deeper into trademark searches later in this blog post.
What Is Trademark Class 40?
Trademark Class 40 covers services related to material treatment, recycling, and custom manufacturing. The official Nice Classification definition states:
“Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.”
In simpler terms, Class 40 includes services that involve changing the properties of an object or substance. This may involve mechanical or chemical processing, shaping, coating, or custom production based on client specifications. A business offering manufacturing or processing services on behalf of customers would typically fall into this class, while a business that produces and sells its own goods would not.
Common Services in Trademark Class 40
Businesses in Class 40 provide services that transform materials in some way.
Here are some common examples:
- Material processing and transformation – Services that change the physical properties of an object or substance, such as dyeing clothing or mineral processing.
- Repair-related transformation services – For example, chromium plating vehicle bumpers as part of a repair process.
- Metalworking and fabrication – Cutting, shaping, welding, or metal coating.
- Food processing and preservation – Services such as milling flour, freezing food, or smoking meats.
- Custom manufacturing – Producing goods based on customer specifications, such as custom-built automobiles, dental prosthetics, or embroidered textiles.
Services Often Confused with Trademark Class 40
Not all services related to materials fall under Class 40. Some services may seem similar but belong in other classes:
- Construction and maintenance services (Class 37) – Painting buildings, plastering, or rustproofing vehicles. These involve altering surfaces but are considered construction or maintenance rather than material treatment.
- Cleaning services (Class 37) – Laundering, window cleaning, and general surface cleaning don’t change the fundamental properties of an object, so they don’t belong in Class 40.
- Customization services (Class 37 or 43) – Custom painting of automobiles falls under repair services, while food decoration and sculpting belong in Class 43 (hospitality services).
Trademark Costs and Class Considerations
The United States Patent and Trademark Office (USPTO) charges fees based on the number of classes included in a trademark application.
The base application fee is $350 per class, and maintaining a trademark requires ongoing per-class fees. This means businesses should carefully consider the necessary classifications before filing.
Coordinated Classes for Trademark Class 40
Coordinated classes are a useful tool in identifying related trademarks and ensuring your trademark does not conflict with others. They help you understand which goods or services are related, even if they fall under different classes.
When examining trademark applications, it’s important to consider whether the goods or services might be linked in a way that could create confusion. Goods or services are considered related if they are identical, similar, competitive, used together, or marketed by the same businesses.
For Trademark Class 40, the following coordinated classes should be considered:
- Class 35: Advertising and business services
- Class 36: Insurance and financial services
- Class 37: Construction and repair services
- Class 38: Communication services
- Class 39: Transportation and storage services
- Class 41: Education and entertainment services
- Class 42: Computer, scientific, and legal services
- Class 43: Hotels and restaurant services
- Class 44: Medical, beauty, and agricultural services
- Class 45: Personal services
- Class A: Goods certification marks
- Class B: Services certification marks
- Class 200: Collective membership marks
These classes may include goods and services that overlap with or complement those in Class 40. When filing for a trademark, considering these coordinated classes is essential to avoid potential conflicts or issues down the road.
Trademark Class 40 Services Need a Trademark Search
Since Trademark Class 40 includes services such as custom manufacturing, food processing, and material treatment, it’s essential to ensure that your trademark doesn’t overlap with an existing mark in the same or related class. Filing without conducting a thorough search could result in your application being refused, delays in registration, or even costly legal disputes if an existing trademark owner challenges your mark.
A comprehensive trademark search helps identify potential conflicts early, saving your business time and resources by preventing issues before they arise.
A thorough search includes:
Federal and State Trademark Databases – These databases contain registered and pending trademarks. Federal trademarks provide nationwide protection, while state trademarks apply within individual states.
Common Law Searches – Some businesses use a name without officially registering it, i.e., establishing common law rights. If a company has prior use of a similar name, it could affect your rights, even if it hasn’t filed a trademark. Searching business directories, domain names, social media, and more helps uncover these potential conflicts.
Goods and Services Analysis – Trademarks can be considered similar even if they don’t share the same class. If the goods and services are used together or sold by the same businesses, they could still pose a conflict.
Similarity Evaluation – A professional search evaluates trademarks for conflicts based on sound, appearance, and meaning. Even small variations in spelling or pronunciation could cause a likelihood of confusion.
Conducting a professional trademark search ensures your application has the best chance of approval. TradeMark Express specializes in comprehensive searches to help businesses secure their trademarks without unexpected legal hurdles.
Acceptable Trademark Specimens for Class 40
When filing for a trademark under Class 40, it’s crucial to provide specimens that prove your trademark is actively used in commerce. Specimens are key to showing that your trademark is linked to the specific services you offer, such as custom manufacturing or food processing. These documents help maintain the integrity of the trademark system, ensuring that trademarks are tied to real-world business activities and preventing confusion in the marketplace.
Without proper specimens, your trademark application could face delays or even rejection.
Acceptable specimens for Class 40 include:
- Online advertising or printed materials – A screenshot of an online ad promoting a custom textile dyeing service.
- Television and radio commercials – An MP3 file of a radio ad for a company offering metal welding services.
- Marketing materials – A brochure advertising a food preservation service.
- Signage – A photo of a sign at a facility that provides industrial material treatment.
- Material used in providing services – A picture of branded trucks used for mobile food smoking services.
- Invoices – A scanned invoice listing custom manufacturing services.
- Business cards and letterhead – A company letterhead for a printing service with the business name and logo.
In summary, accurate specimens are crucial for your Class 40 trademark application. They demonstrate that your trademark is tied to actual services, helping to avoid rejections or legal issues. Include clear examples like advertisements or invoices to strengthen your application and protect your brand.
Conclusion
Trademark Class 40 plays a crucial role in protecting businesses that offer material processing, recycling, and custom manufacturing services. Selecting the right class, conducting a comprehensive trademark search, and filing correctly can prevent costly issues down the line.
If you need expert guidance, TradeMark Express can help with every step—from conducting thorough searches to assisting with trademark applications. Contact us today to secure your brand and ensure long-term protection for your business.