Introduction to Trademark 37
Trademark Class 37 serves as the foundation upon which structures are built and excellence is renewed. This class is the domain of transformation, encompassing services that involve constructing new structures from scratch as well as renovating and maintaining existing ones. From constructing impressive buildings to restoring worn-out spaces, Class 37 is crucial in shaping our physical world.
This class includes various services such as Construction services; installation and repair services; mining extraction, and oil and gas drilling that shape our built environment and rejuvenate existing structures. It mainly includes services in the field of construction, as well as services involving the restoration of objects to their original condition or their preservation without altering their physical or chemical properties.
Let us discuss the products covered under Trademark Class 37 briefly:
a. Construction Services: This includes services related to the creation and erection of structures, encompassing everything from residential homes to commercial buildings.
Example: Tata Projects engages in a range of construction services, focusing on the development and erection of structures, which include residential properties, commercial complexes, and infrastructure projects.
b. Repair and Maintenance Services: This includes services that manage and address wear and tear, ensuring that structures remain safe and operational.
Example: Sulekha though primarily a service marketplace, it connects users with local repair and maintenance professionals for various needs, including home appliances, plumbing, electrical work, and more.
c. Installation Services: This covers setting up various types of equipment, systems, or fixtures within buildings ranging from installing heating, ventilation, and air conditioning (HVAC) systems to installing machinery and other complex systems.
Example: Blue Star Limited specializes in the installation of air conditioning and cooling systems, including residential, commercial, and industrial units.
d. Mining Extraction: This includes services related to the extraction of minerals and other natural resources from the earth. This can include operations in mining, quarrying, and similar activities.
Example: Coal India is the largest coal-producing company in the world, a state-owned enterprise responsible for the production and supply of coal.
e. Interior Design and Renovation:: This includes interior remodeling, redesign, and the installation of custom furnishings and interiors.
Example: Gauri Khan Designs Founded by celebrity designer Gauri Khan, the company is known for luxury interiors and high-profile projects.
Inclusions and Exclusions under Trademark Class 37
Trademark Class 37 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 37:
✔ Construction and demolition of buildings, roads, bridges, dams, or transmission lines, as well as services in the field of construction, for example, interior and exterior painting, plastering, plumbing, heating equipment installation, and roofing.
✔ Shipbuilding
✔ Rental of construction tools, machines, and equipment, for example, rental of bulldozers, and rental of cranes.
✔ Various repair services, for example, those in the fields of electricity, computer hardware, furniture, instruments, and tools.
✔ Various restoration services, for example, building restoration, furniture restoration, and restoration of works of art;
✔ Maintenance services for preserving an object in its original condition without changing any of its properties, for example, furniture maintenance, vehicle maintenance, swimming pool maintenance, and maintenance of computer hardware;
✔ Cleaning of different objects, for example, windows, vehicles, and clothing, as well as the laundering and pressing of clothing.
Specific Exclusions in Trademark Class 37:
✘ Physical storage of goods (Class 39).
✘ Transformation of an object or substance that involves a process of change in its essential properties, for example, the cutting, dyeing, fireproofing of cloth (Class 40), the casting, plating, treating of metal (Class 40), custom tailoring, dressmaking, embroidering (Class 40), food and drink preservation (Class 40).
✘ Installation, maintenance, and updating of computer software (Class 42), and creation and hosting of websites (Class 42).
✘ Construction drafting and architectural services (Class 42).
Steps involved in registering Trademark under Class 37
Initial Trademark Search for Trademark Class 37
Before starting with the registration process under Trademark Class 37, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 37. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 37
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 37
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 37
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 37. This certificate confirms your exclusive rights to the mark within Trademark Class 37.
Detailed List of goods classified under Trademark Class 37
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Conclusion on Trademark Class 37
Trademark Class 37 covers services related to construction and repair, including building construction, repair and maintenance of buildings and machinery, installation of systems such as heating and air conditioning, plumbing, electrical repair, and renovation services. As architectural trends change and sustainability becomes more important, proper classification and trademark protection under Class 37 is crucial for establishing brand recognition and credibility.
For businesses operating in construction, repair, and installation services, securing a trademark in Class 37 is essential to distinguishing themselves in a competitive market and symbolizes the brand’s dedication to creating environmentally responsible structures. To explore other trademark classes, refer to the “Trademark Class List” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.
