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Following is the list of all the services protected under Class 40, this wide-ranging guide will benefit you in choosing the accurate class for your services.

To avoid any objection from the examiner it is important that you register your trademark under the appropriate class which will protect from the infringers and will fast track your trademark registration process.

Class 40 - Materials Treatment, Working

Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. For the purposes of classification, the mark is considered a service mark only in cases where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.

Services that are classified under Class 40

services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);

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

Services that are NOT classified under Class 40

repair services (Cl. 37).

Detailed List of Services covered under Class 40

FREQUENTLY ASKED QUESTION

HOW TO SEARCH A TRADEMARK?

A Trademark search is the first step in the Trademark registration procedure. A search is to be conducted in order to determine the uniqueness of the mark, and its similarity to other, pre- existing marks. It is very much advisable to conduct a Trademark search before registering or using a Trademark. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Trademark application, and a third-party challenging the Trademark application.

WHO WILL PUBLISHED THE MARK IN TRADEMARK JOURNAL?

Trademark registry publish Trademark the mark in Trademark Journal.

IS SEPREATE TRADE MARK IS REQUIRED FOR DIFFERENT PRODUCTS OR SERVICES?

Trademarks must be registered for a particular product or service. A single trademark application can be filed to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.

CAN TRADE MARK BE SOLD OR TRANSFERRED?

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc.

CAN A FOREIGNER OR A FOREIGN ENTITY APPLY FOR TRADE MARK REGISTRATION IN INDIA?

Yes, a foreigner or a foreign entity can apply for trademark registration in India.

IS THE TRADEMARK REGISTERED IN INDIA, VALID ALL OVER THE WORLD?

No, Trademarks have to be registered in individual countries, depending on the legislation.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION?

Basic Documents include following:

Trademark Application.

specifications of goods or service for which application is made.

Representation of mark in prescribed size and format.

HOW OFTEN DOES IT NEED TO BE RENEWED?

Trademark registration is valid for 10 years. Therefore, it has to be renewed after each interval of 10-year.

WHAT IS THE DIFFERENCE BETWEEN TRADEMARK & COPYRIGHT?

Copyright secures the work related literary, artistic, paintings, films, sounds etc. whereas Trademark secures a mark, word, logo of product or service.

WHO CAN MAKE TRADE MARK APPLICATION?

Any person can make application to register Trademark.