The matter of Trade Marks is a part of the Indian Government’s legislation to protect business owners from being exploited by unscrupulous competitors and counterfeiting experts. Though the Trade Marks Act was enacted in 1999, its effective implementation was in 2003. The article aims to focus on trademark class 40, the list of services classified under the 40th class of trademark, examples of class 40 trademark and the advantages of getting a trademark registered for a product or service.
Do You Know? TradeMark registration is a matter where countries all over the world work together within accepted practices and norms.
Meaning Of Trade Mark
As per the Indian Trademarks Act, “a trade mark is defined under Section 2 (1) (ZB) of the Act as “a mark capable of being represented graphically and is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.
Almost any product or service will be eligible to be registered as a trade mark. It just has to indicate the authenticity of the ownership of the goods and services to be registered. It could be a design, an image, a word, a phrase, a slogan or a blend of these. It could even be an audible sound, a specific scent or a colour.
Benefits of Trade Mark
Registration of Trade Mark is very valuable and has several advantages.
- It protects against counterfeiting and privacy. Unscrupulous elements cannot steal the hard-earned efforts of an unsuspecting businessman.
- It instils confidence in customers' minds that what they buy in a shop is from the company they trust.
- It symbolizes assured quality and performance in the minds of buyers.
- It is a very low cost to legally protect the great value of our business.
- It helps build the brand image of the product or service.
- It helps in creating a brand out of a generic product. (rice and several food grains are an example)
Section 7 of the Trade Marks Act, 199 states, "The Registrar shall classify goods and services, as far as may be, following the International classification of goods and services for registration of trademarks.”
Following the Act, a detailed manual was released titled “THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002”. Products and Services for trademark registration come under one of four categories – (1) Generic, (2) Descriptive, (3) Suggestive and (4) Arbitrary or Fanciful.
More specific ways products and services have been identified are through listing them under various types of Classes. A total of 45 classes are listed. 1 to 34 are for products, while 35 to 45 are for listed services per the Fourth Schedule mentioned above.
One of these is Class 40. This covers a variety of services where mechanical or chemical treatment is involved. It is adapted from the World Intellectual Property Organisation’s (WIPO) NICE Agreement, which includes Class 40.
Because of the nature of the listed items, they are also referred to as a Service Mark.
What Comes Under Trade Mark Class 40?
There is a large and detailed list covering 1107 services. The list covers each minute element of every service in the Class 40 definition. Some subject experts have simplified it by combining elements into category groups. Even this “shortened” list covers as many as 115 items of service.
For purposes of our simple understanding, we can further condense and categorise the Trade Mark Class 40 as follows:
- Treatment of materials through processes which are Mechanical or Chemical.
- Waste Treatment Services, including recycling.
- Some types of processing for Leather, Textiles and other fabrics.
- Assembly services that are customized.
- Renting of machinery and equipment and Power production.
- Purification and Conditioning of air or water.
- Specific processes involving the treatment of food and beverages.
- Replication of digital recordings – audio/video.
- Processing of meat by slaughtering.
- 3D printing services
The more detailed list of 115 services commonly used is given below.
- Air Purification
- Air Deodorising
- Air Freshening
- Rental Of Air Conditioning Apparatus
- Applying Finishes To Textiles
- Rental Of Boilers
- 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
- Dyeing Services
- 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 Staining
- Fur Dyeing
- Rental Of Generators
- Gold Plating
- Incineration Of Waste And Trash
- Key Cutting
- Knitting Machine Rental
- Laser Scribing
- Leather Staining
- Leather Working
- Lithographic Printing
- Metal Plating
- Metal Treating
- Metal Tempering
- Metal Casting
- Nickel Plating
- Offset Printing
- Optical Glass Grinding
- Paper Finishing
- Paper Treating
- Pattern Printing
- Permanent-press Treatment Of Fabrics
- Photo composing Services
- Photographic Film Development
- Photographic Printing
- Planing [Saw Mill]
- Pottery Firing / Firing Pottery
- Processing Of Cinematographic Films
- Processing Of Oil
- 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
- Sorting Of Waste And Recyclable Material [Transformation]
- Rental Of Space Heating Apparatus
- Stripping Finishes
- 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
- Wool Treating
What Is Not Included in Class 40?
The following are not included in Trade Mark Class 40.
- Repairing services
- Financial Services
- Advertising Services
- Retail Services
Also Read: Chemical Products Under Trademark Class 1
Sometimes, we come across certain services that can fit into more than one class. In such cases, we must register our Trade Mark in each class where it is relevant. Such types of services which need multiple covers come under Coordinated or Related Classes. Here are the Coordinated Classes which extend beyond the coverage in Trade Mark Class 40:
Trademark Class 35: Advertising & Business Services
Trademark Class 36: Insurance & Finance Services
Trademark Class 37: Construction and Repair Services
Trademark Class 38: Telecommunications Services
Trademark Class 39: Shipping & Travel Services
Trademark Class 41: Education & Entertainment Services
Trademark Class 42: Science & Technology Services
Trademark Class 43: Food concerning Services
Trademark Class 44: Medical & Veterinary Services
Trademark Class 45: Legal & security services
The Law protects Trade Mark owners from infringement by competitors or others. Section 101, 102 and 103 of the Trademarks Act are the main laws that cover these aspects in detail.
Relevant Sections of the Act
- Section 101 describes the purposes for which a Trade Mark can register by the Government of India.
- Section 102 describes the conditions which can be considered an infringement of a Trade Mark.
- Section 103 specifies the punishment for offences. Depending on the case, it could be imprisonment from six months to two years and a fine ranging from ₹ 50,000 to ₹ 2 lakhs.
- Sections 104 to 109 are extensions that go into greater detail on certain types of violations.
Validity of Trade Mark registration
Normally, Trade Marks are issued with a validity of ten years after which they can be renewed. Trademarks in India have been granted from the date of registration as mentioned in the certificate. When a trademark owner has not used the mark for about 63 months, they might lose the right in opposition or rectification process.
From the above, we can infer that obtaining a Trade Mark Class 40 registration for the Treatment of Materials is a step in the right direction. It enhances the protection of our business from competitors, poachers and other undesirable elements. Armed with the Trade Mark registration, we can safely assume that our business interests are reasonably protected.
This allows us to focus on other priorities and burning issues which are an inseparable part of any business. Follow Khatabook for the latest updates, news blogs, and articles related to micro, small and medium businesses (MSMEs), business tips, income tax, GST, salary, and accounting.