Trademark Class 40 Printing and Treatment of Materials

Introduction to Trademark 40

Trademark Class 40 represents the domain where raw materials are transformed into valuable assets through specialized processes. It acts as the realm of refinement and specialization, encompassing a wide range of services dedicated to treating raw materials and transforming them to meet specific requirements. From refining raw materials to creating finished products, this class brings forth the art of turning resources into something new and useful.

This class covers services aimed at improving the quality, functionality, and appearance of materials such as Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; and food and drink preservation. It mainly includes services rendered by the mechanical or chemical processing, transformation, or production of objects or inorganic or organic substances, including custom manufacturing services.

For the purposes of classification, the production or manufacturing of goods is considered a service only in cases where it is effected for the account of another person to their order and specification.

If the production or manufacturing is not being performed to fulfill an order for goods that meet the customer’s particular needs, requirements, or specifications, then it is generally ancillary to the maker’s primary commercial activity or goods in trade. If the substance or object is marketed to third parties by the person who processed, transformed, or produced it, then this would generally not be considered a service.

 Let us discuss the products covered under Trademark Class 40 briefly:

a. Metal Treatment and Coating: This covers services that modify the properties of metals through processes such as plating, galvanizing, heat treatment, and other finishing techniques. 

Example: Metal One is a global leader in metal trading and processing. It specializes in the distribution, processing, and trading of a wide range of metal products, including steel, aluminum, and other metals.

b. Textile Treatment: This includes services aimed at enhancing the properties of textiles, such as dyeing, printing, waterproofing, and other finishing processes. 

Example: Raymond Group provides textile treatment services as part of its broader textile manufacturing operations.

c. Water Treatment: This includes services for water treatment and purification, covering solutions like filtration, chemical, physical, or biological treatment, desalination, and wastewater treatment to ensure water quality and safety.

Example: Pureit (HUL) is a well-known brand that provides home water purification systems and services.

d. Printed Materials: This covers services like printing, engraving, and embossing to enhance the presentation of products, including books, packaging, and promotional materials.

Example: Canon is a well-known brand in India that offers a range of services and products that cater to various aspects of printing, engraving, and embossing.

e. Recycled Materials – This includes waste management and recycling services to convert trash, paper, plastic, glass, and other materials into reusable forms, supporting sustainability.

Example: GEPIL (Green Environment Protection & Industrial Limited) engages in recycling and managing industrial and municipal waste, including hazardous materials.

f. Food and Drink – This includes preservation, canning, and other forms of food processing that fall under services aimed at extending shelf life or improving the taste and quality of food products.

Example: Dabur India Ltd known for its wide range of food and beverage products, also invests in preservation technologies to ensure the freshness and safety of its products.

Inclusions and Exclusions under Trademark Class 40

Trademark Class 40  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 40:

✔ Transformation of an object or substance and any process involving a change in its essential properties, for example, dyeing a garment; such transformation services are also classified in Class 40 if they are provided in the framework of repair or maintenance work, for example, chromium plating of motor vehicle bumpers.

✔ Services of material treatment that may be present during the production of any substance or object other than a building, for example, services that involve cutting, shaping, and polishing by abrasion or metal coating.

✔ Joining of materials, for example, soldering or welding.

✔ Processing and treatment of foodstuffs, for example, fruit crushing, flour milling, food and drink preservation, food smoking, and freezing of foods.

✔ Custom manufacturing of goods to the order and specification of others (bearing in mind that certain offices require that the goods produced be indicated), for example, custom manufacturing of automobiles.

✔ Services of a dental technician.

✔ Quilting, embroidering, custom tailoring, textile dyeing, and applying finishes to textiles.

Specific Exclusions in Trademark Class 40:

✘ Services that do not entail a change in the essential properties of the object or substance, for example, furniture maintenance or repair (Class 37).

✘ Services in the field of construction, for example, painting and plastering (Class 37).

✘ Cleaning services, for example, laundering, window cleaning, and cleaning of interior and exterior surfaces of buildings (Class 37).

✘ Rustproofing, for example, anti-rust treatment for vehicles (Class 37).

✘ Certain customization services, for example, the custom painting of automobiles (Class 37).

✘ Decorating of food, food sculpting (Class 43).

Steps involved in registering Trademark under Class 40

• Initial Trademark Search for Trademark Class 40

Before starting with the registration process under Trademark Class 40, 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 40. 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 40

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 40

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 40

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 40.  This certificate confirms your exclusive rights to the mark within Trademark Class 40.

Detailed List of goods classified under Trademark Class 40

Conclusion on Trademark Class 40

Trademark Class 40 covers services related to the treatment and processing of materials, including water purification, waste management, recycling, material refining, custom manufacturing, textile treatment, and food and drink processing. As innovation continually advances material science, proper classification and trademark protection under Class 40 is crucial for establishing brand recognition, trust, and credibility. 

For businesses operating in Printing and Treatment of Materials Services, securing a trademark in Class 40 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to expertise, innovation, and top-quality craftsmanship. 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.