Trademark Class 40: Material Treatment & Manufacturing Services

trademark class 40

In the world of intellectual property (IP), trademarks play a crucial role in protecting services and products across all industries. Among the 45 classes defined in the Nice Classification system, Trademark Class 40 occupies a unique niche. It specifically covers a broad array of services focused on the treatment and transformation of materials—from industrial processes to recycling, waste management, and finishing services.

For business owners, legal advisers, and entrepreneurs, understanding the nuances of Class 40 is vital. As industries evolve, especially in manufacturing, sustainable waste management, and bespoke material finishing, ensuring your service brand is legally protected can be the difference between long-term growth and vulnerability to infringement. Trademark Class 40 is pivotal for safeguarding your competitive edge and managing your IP assets strategically.

Detailed Overview of Services Covered

Trademark Class 40 comprises all services involving the transformation, treatment, or finishing of materials for others. Services in this class add value by altering the physical or chemical properties of goods—either by recycling, manufacturing by processing, or enhancing the final product.

Services Included in Class 40

  • Material Treatment:
    Processes that change the chemical or physical composition of substances and objects.
    Examples: Metal plating, welding, heat treatment, galvanization, enameling.
  • Custom Manufacturing:
    Made-to-order production/manufacturing for third parties based on specifications.
    Examples: Contract manufacturing, bespoke fabrication, custom shoemaking.
  • Recycling and Waste Management:
    Collection, treatment, sorting, and disposal of waste materials for reuse or environmental management.
    Examples: Industrial recycling, e-waste disposal, landfill operation, composting services.
  • Surface Treatment and Finishing:
    Coating, polishing, painting, tempering, and other processes that enhance or protect surfaces.
    Examples: Powder coating, sandblasting, polishing of jewelry or metals.
  • Energy Production and Purification:
    Power generation, water, air, or gas purification (but not distribution).
    Examples: Desalination, water filtering, incineration of waste.
  • Textile, Leather, and Wood Treatment:
    Bleaching, dyeing, waterproofing, tanning, and finishing of fabrics, hides, or timber.
  • Food and Beverage Processing:
    Services that process, preserve, or prepare food or beverages for others (not actual production for sale as goods).
    Examples: Fruit canning for third parties, meat smoking, food freezing.
  • 3D Printing and Prototype Services:
    Manufacture of prototypes and end parts by additive manufacturing for clients.

More List

  • abrasion
  • air purification
  • air deodorising
  • air freshening
  • rental of air conditioning apparatus
  • applying finishes to textiles
  • blacksmithing
  • boilermaking
  • rental of boilers
  • bookbinding
  • 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
  • dressmaking
  • dyeing services
  • electroplating
  • 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 satining
  • fur dyeing
  • galvanization
  • rental of generators
  • gilding
  • glass-blowing
  • gold plating
  • grinding
  • incineration of waste and trash
  • key cutting
  • knitting machine rental
  • laminating
  • laser scribing
  • leather staining
  • leather working
  • lithographic printing
  • magnetization
  • metal plating
  • metal treating
  • metal tempering
  • metal casting
  • millworking
  • nickel plating
  • offset printing
  • optical glass grinding
  • paper finishing
  • paper treating
  • pattern printing
  • permanent-press treatment of fabrics
  • photocomposing services
  • photographic film development
  • photographic printing
  • photogravure
  • planing [saw mill]
  • pottery firing / firing pottery
  • printing
  • processing of cinematographic films
  • processing of oil
  • quilting
  • 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
  • soldering
  • sorting of waste and recyclable material [transformation]
  • rental of space heating apparatus
  • stripping finishes
  • tanning
  • taxidermy
  • 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
  • woodworking
  • wool treating

Types of Businesses Registering Under Class 40

Business Benefits

  • Metal finishing workshops and electroplaters
  • Contract manufacturers and fabricators
  • Industrial and municipal recycling plants
  • Powder coating and industrial painting services
  • Laboratories providing custom material modification
  • Waste management companies
  • Tanning, dyeing, and finishing mills (for textiles, leather, etc.)
  • Environmental purification facilities
  • Bespoke factories (e.g., custom footwear, plastic molding, glass blowing)

Importance of Trademarking in Class 40

Benefits of Trademark Registration

  • Exclusive Brand Use:
    Registration secures exclusive rights over your business name/logo within Class 40, preventing competitors or imitators from using a similar mark in the same sector.
  • Brand Differentiation & Trust:
    Trademarks communicate reliability and professional credentials to customers and partners—especially important for B2B and contract work.
  • Legal Protection:
    With a registered mark, businesses can initiate swift legal action against infringement or misuse, both offline and online.
  • Scalability & Franchising:
    A registered trademark in Class 40 is an asset, supporting franchising, licensing, or expansion into different geographies and digital platforms.
  • Regulatory & Commercial Requirements:
    Many clients, government contracts, and international deals require evidence of trademark ownership for service providers in recycling, materials treatment, or custom manufacturing.

Risks of Not Trademarking

  • Loss of Reputation:
    Counterfeiters or dishonest competitors could harm your reputation by passing off inferior services as yours.
  • Business Disputes & Legal Challenges:
    Without trademark protection, asserting your brand in disputes becomes complex and expensive.
  • Online Vulnerability:
    The rise of digital B2B platforms and e-marketplaces means unregistered brands may be easily impersonated, leading to lost business and customer confusion.

The Trademark Application Process

Registering a trademark in Class 40 involves several key steps:

Step 1: Conduct a Trademark Search

Begin with a comprehensive search to ensure your desired mark is available and does not conflict with existing registrations.

  • Use the IP India online database or specialized services for thoroughness.

Step 2: Documentation Preparation

  • Detailed Business Description: Clearly outline all material treatment services, recycling, processing, contract manufacturing, etc.
  • Word Mark and/or Logo: Submit graphical representation of your intended trademark.
  • Applicant Details: Business incorporation documents, address proof, and Power of Attorney (if applying via an agent).
  • Supporting Use Documents: If claiming prior use, submit relevant invoices, advertisements, brochures, or client agreements.

Step 3: Application Filing

  • Use the government’s online portal (IP India) or an experienced IP attorney.
  • Submit Form TM-A: Select “Class 40” and list all variants of your services.

Step 4: Examination and Objections

  • The trademark office reviews for conflicts, distinctiveness, and compliance.
  • Replies to examination reports should be prompt and thorough, addressing all objections.

Step 5: Publication & Opposition

  • If accepted, your mark is published for public opposition (4 months).
  • Respond to any oppositions swiftly with a defense and evidence.

Step 6: Registration & Renewal

  • Upon successful clearance, the trademark is registered for 10 years.
  • Renew every 10 years to maintain exclusive rights.

Typical Timelines

  • Search: Instant to 2 days
  • Filing: Same day to 2 days
  • Examination: 6–12 months
  • Publication: 4 months (opposition window)
  • Certificate: A few weeks post-acceptance

Costs (2025 Reference)

  • ₹4,500 for startups/individuals/MSMEs (per class, online)
  • ₹9,000 for companies (per class, online)
  • Legal/agent fees (if any) are charged separately

Common Challenges and Considerations

  1. Vague or Overly Broad Descriptions
    Be specific: “recycling services for plastics, metals, and e-waste” is more effective than “all material treatment.”
  2. Descriptive or Generic Marks
    Avoid using generic industry terms—e.g., “Metal Treatment Solutions”—as these are often refused for lack of distinctiveness.
  3. Overlapping Classes
    If your business offers both treatment and sale of goods, you may need to apply in both the relevant product class (for goods) and Class 40 (for services).
  4. International Registration
    If you operate across borders, consider Madrid Protocol filing for global protection.
  5. Handling Objections and Oppositions
    Engage a trademark professional to draft clear, evidence-backed replies and swiftly resolve disputes.
  6. Updating Protection
    Expand your registration as your business grows—add new service lines or update trademarks as needed.

Case Studies and Real-World Examples

Case Study 1: MetalFab India Pvt. Ltd.

Background:
MetalFab, a mid-sized Mumbai-based company, specializes in custom sheet metal fabrication and powder coating for automotive and construction sectors.

Action:
MetalFab registered its brand in Class 40 for “custom manufacture and powder coating of metal parts for third parties.”

Result/Impact:
Within a year, a competitor began offering similar services under a nearly identical mark. MetalFab quickly filed a trademark infringement suit and received an injunction, preventing loss of business and reputational harm. Later, with their strong IP position, they licensed their powder coating process and expanded into new states without conflict.

Case Study 2: EcoCycle Waste Solutions

Background:
EcoCycle is an innovative startup offering e-waste collection and environmental recycling services in Bengaluru.

Action:
EcoCycle registered their stylish wordmark and logo under Class 40—covering “collection, sorting, and material treatment of e-waste and computer hardware.”

Result/Impact:
When they launched on several online platforms and partnered with municipal bodies, they found unauthorized “EcoCycle” listings. Armed with their registration, they quickly secured takedowns, earning client trust and winning government contracts that mandated proven IP ownership. Their trademark increased their value and credibility during a Series A investment round.

Future Trends in Trademark Class 40

  1. Growth in Green and Sustainable Services

As environmental regulations tighten, businesses focusing on recycling, upcycling, and sustainable waste management are proliferating. New government incentives will drive registrations for such services in Class 40.

  1. Digital Transformation and 3D Printing

Bespoke manufacturing—including 3D printed parts-on-demand—is on the rise. These new businesses must register in Class 40 to protect additive manufacturing services and automated fabrication platforms.

  1. Advanced Material Sciences

Growth in nanomaterial treatment, composites, and smart coatings will lead to more Class 40 registrations from high-tech industries.

  1. Global Harmonization

With international supply chains, more Indian businesses will pursue simultaneous domestic and Madrid Protocol filings for worldwide protection.

  1. AI and Automation in Processing

AI-driven quality control, automated recycling, and robotic finishing will create new categories under Class 40, prompting updates to guidance and practice.

How to Prepare:

  • Regularly review your service portfolio and expand trademark coverage.
  • Stay informed about regulatory updates and best practices.
  • Leverage professional guidance for multi-jurisdictional or digital-first businesses.

Conclusion

Trademark Class 40 is a powerhouse for businesses innovating in the transformation, treatment, or finishing of materials. Its scope encompasses everything from traditional manufacturing to the newest frontiers of recycling, custom fabrication, and sustainable processes. A registered trademark is more than a badge—it’s a crucial asset, a legal safeguard, and a strategic driver of growth and credibility.

To survive and thrive in the fast-changing industrial ecosystem, legal professionals, business owners, and entrepreneurs must recognize the value of timely trademark registration in Class 40. Protecting your mark ensures your brand stands uncontested, your marketing gains traction, your compliance is seamless, and your expansion—whether in India or around the world—is fully supported by the law.