written by khatabook | November 11, 2022

Trademark Class 40 - Know How Treatment of Materials Are Categorised

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Table of Content


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.

Also Read: What Are Trademark Classes? Explained in Detail Along with Trademark Class List

Benefits of Trade Mark

Registration of Trade Mark is very valuable and has several advantages.

  1. It protects against counterfeiting and privacy. Unscrupulous elements cannot steal the hard-earned efforts of an unsuspecting businessman.
  2. It instils confidence in customers' minds that what they buy in a shop is from the company they trust.
  3. It symbolizes assured quality and performance in the minds of buyers.
  4. It is a very low cost to legally protect the great value of our business.
  5. It helps build the brand image of the product or service.
  6. It helps in creating a brand out of a generic product. (rice and several food grains are an example)

Trademark Class

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.

Also Read: Trademark Class 7 - Check the Types of Goods Covered

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.

  1. Abrasion
  2. Air Purification
  3. Air Deodorising
  4. Air Freshening
  5. Rental Of Air Conditioning Apparatus
  6. Applying Finishes To Textiles
  7. Blacksmithing
  8. Boilermaking
  9. Rental Of Boilers
  10. Bookbinding
  11. Burnishing By Abrasion
  12. Cadmium Plating
  13. Chromium Plating
  14. Cloth Edging
  15. Cloth Cutting
  16. Cloth Waterproofing / Fabric Waterproofing
  17. Cloth Fireproofing / Fabric Fireproofing / Textile Fireproofing
  18. Cloth Dyeing
  19. Cloth Pre-shrinking
  20. Clothing Alteration
  21. Colour Separation Services
  22. Crease-resistant Treatment For Clothing
  23. Cryopreservation Services
  24. Custom Fashioning Of Fur
  25. Custom Tailoring
  26. Custom Assembling Of Materials For Others
  27. Decontamination Of Hazardous Materials
  28. Services Of A Dental Technician
  29. Destruction Of Waste And Trash
  30. Dressmaking
  31. Dyeing Services
  32. Electroplating
  33. Embroidery Services
  34. Production Of Energy
  35. Fabric Bleaching
  36. Flour Milling
  37. Food Smoking
  38. Food And Drink Preservation
  39. Framing Of Works Of Art
  40. Freezing Of Foods
  41. Fruit Crushing
  42. Fulling Of Cloth
  43. Fur Conditioning
  44. Fur Mothproofing
  45. Fur Glossing
  46. Fur Staining
  47. Fur Dyeing
  48. Galvanization
  49. Rental Of Generators
  50. Gilding
  51. Glass-blowing
  52. Gold Plating
  53. Grinding
  54. Incineration Of Waste And Trash
  55. Key Cutting
  56. Knitting Machine Rental
  57. Laminating
  58. Laser Scribing
  59. Leather Staining
  60. Leather Working
  61. Lithographic Printing
  62. Magnetization
  63. Metal Plating
  64. Metal Treating
  65. Metal Tempering
  66. Metal Casting
  67. Millwork
  68. Nickel Plating
  69. Offset Printing
  70. Optical Glass Grinding
  71. Paper Finishing
  72. Paper Treating
  73. Pattern Printing
  74. Permanent-press Treatment Of Fabrics
  75. Photo composing Services
  76. Photographic Film Development
  77. Photographic Printing
  78. Photogravure
  79. Planing [Saw Mill]
  80. Pottery Firing / Firing Pottery
  81. Printing
  82. Processing Of Cinematographic Films
  83. Processing Of Oil
  84. Quilting
  85. Recycling Of Waste And Trash
  86. Refining Services
  87. Saddlery Working
  88. Sandblasting Services
  89. Sawing [Saw Mill]
  90. Shoe Staining
  91. Silkscreen Printing
  92. Silver Plating
  93. Skin Dressing
  94. Slaughtering Of Animals
  95. Soldering
  96. Sorting Of Waste And Recyclable Material [Transformation]
  97. Rental Of Space Heating Apparatus
  98. Stripping Finishes
  99. Tanning
  100. Taxidermy
  101. Textile Dyeing
  102. Textile Treating / Cloth Treating
  103. Textile Mothproofing
  104. Timber Felling And Processing
  105. Tin Plating
  106. Material Treatment Information
  107. Upcycling [Waste Recycling]
  108. Vulcanization [Material Treatment]
  109. Warping [Looms]
  110. Waste Treatment [Transformation]
  111. Water Treating
  112. Welding Services
  113. Window Tinting Treatment, Being Surface Coating
  114. Woodworking
  115. 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

Coordinated Classes

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

Legal Protection

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.

Also Read: All About Trademark Class 9 - Computer, Software & Electronic Devices

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. 

Conclusion

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.

FAQs

Q: Where are the Offices of the Trade Marks authority located?

Ans:

The Government has set up the Head Office of the Trade Marks Registry in Mumbai. This is supported by several branch offices in Kolkata, Delhi, Chennai and Ahmedabad.

Q: Is Trade Mark Registration in India sufficient to protect our business worldwide?

Ans:

No. For getting Trademark protection internationally, a separate application must be followed. By doing that, international protection can be obtained. This is done following the Madrid Protocol.

Q: Is expert advice required to handle Trade Mark registration?

Ans:

Certainly, this is a highly specialized subject, and thorough knowledge and experience in handling the matter must protect us from errors or lapses that could hurt us later.

Q: What is covered by Trademark Class 40?

Ans:

Trade Mark Class 40 covers a whole range of services which lend themselves to registering exclusive ownership through a Trade Mark.

Q: Is infringement of a Trademark a criminal offence?

Ans:

Infringement of a Trade Mark is a cognizable offence. It means that it can be treated as both a civil and criminal offence. If the violation is intentional and malafide, imprisonment and fine is leviable criminal punishment.

Q: Is it mandatory to register a Trade Mark for a product?

Ans:

No. It is not mandatory if a businessman does not want to do it. It is only an opportunity for legal protection that the Government of India provides to those interested.

Q: Which arm of the Government is responsible for managing the Trade Marks Act 1999?

Ans:

The Office of the Controller General of Patents, Designs & Trade Marks, Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry, Government of India is the authority to handle all matters about the Trade Marks Act, 1999.

Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.