Introduction
India is among the top global destinations for industrial processing, precision manufacturing, textile finishing, metal treatment, and packaging customization. From chemical plants to plastic molders and textile dyers, companies offering transformation-based services operate in a highly technical but competitive space.
Trademark Class 40 plays a vital role in protecting the identity of businesses that transform raw materials into finished or semi-finished goods whether through heat, pressure, blending, printing, or molding.
This detailed guide explains:
• What Class 40 includes
• What’s not covered
• Who should register
• Filing strategy and Indian examples
• Common errors and legal tips
• FAQs and global filing overview
Legal Definition – Class 40 (India)
According to the Nice Classification (11th Edition) and Trade Marks Act, 1999, Trademark Class 40 includes:
“Treatment of materials.”
This class primarily covers services involving mechanical, chemical, electrical, or manual processing of goods or raw materials.
Services Covered Under Trademark Class 40
Manufacturing & Industrial Processing
• Custom manufacturing
• Contract manufacturing (OEM services)
• Sheet metal cutting and fabrication
• Plastic injection molding
• CNC machining and milling
• Casting and forging
• Tooling and prototyping
• Batch blending of chemicals or materials
Chemical & Thermal Treatment
• Heat treatment of metals
• Electroplating
• Galvanizing and anodizing
• Powder coating and painting
• Water treatment services (industrial)
• Degreasing, finishing, and polishing
• Industrial waste treatment (non-cleaning)
Textile & Leather Treatment
• Fabric dyeing and bleaching
• Textile printing (screen or digital)
• Waterproofing or fireproofing fabrics
• Leather tanning
• Yarn preparation services
Printing & Finishing Services
• 3D printing (additive manufacturing)
• Label printing, embossing
• Metal engraving and laser etching
• Packaging customization
• Signboard or flex printing
Miscellaneous Industrial Services
• Glass processing (cutting, tempering)
• Food preservation and canning (for third parties)
• Custom jewelry casting and polishing
• Laminating, shrinking, and surface coating
• Oil refining and purification
• Recycling of used materials (plastic, paper, metals)
What Class 40 Does NOT Cover
Some services that seem similar may fall under other classes based on the nature of the product or the intent.
Service Correct Class
Manufacturing of pharmaceuticals Class 5
Construction services Class 37
Software-based industrial automation Class 42
Packaging and logistics Class 39
House cleaning or sanitation services Class 37 or 44
Industrial machines (products) Class 7
Food delivery or retailing Class 39 or 35
Key Tip: Class 40 is for services that physically change, treat, or enhance materials or products.
Who Should Register Under Class 40?
This class is critical for:
• Custom manufacturers (OEM/ODM)
• Industrial processors and subcontractors
• Textile finishers and printers
• Heat treatment facilities
• Plastic and metal molders
• Chemical or surface treatment plants
• Packaging and printing facilities
• B2B processing units
• Recyclers and waste processors
• Third-party canning, polishing, dyeing units
If your business transforms materials for others, Class 40 is essential.
Real-World Class 40 Trademark Examples
Brand Name Service Filed Under Class 40
Precision Plating Electroplating and metal finishing
Vaibhav Manufacturing Gold & silver jewelry casting
ColorJet Processing Textile dyeing and digital fabric printing
GreenForge Recycling Plastic and metal recycling services
FlexiPack Laminating and packaging customization
SheetFab Works CNC sheet metal processing
Sify 3D Prints Additive manufacturing and 3D prototyping
Sunshine Tanneries Leather treatment and waterproofing
CraftPrint India Customized signboard and label printing
HexaTreat Chemicals Surface coating and chemical batch blending
All of the above brands involve material processing for commercial output—making them eligible under Class 40.
Why Trademark Protection in Class 40 Matters
Businesses in manufacturing and treatment are B2B-centric but heavily reliant on credibility, contracts, and partnerships. A registered brand:
• Prevents copying by similar processors
• Builds legal ownership of product/service identity
• Adds credibility for export compliance, ISO, or OEM contracts
• Useful in vendor selection for PSUs, MNCs, and tenders
• Facilitates private labeling or white-label manufacturing
• Increases trust among agents, exporters, and consultants
• Protects technical service marks for niche industries
How to File a Trademark in Class 40 (India)
Step-by-Step Process:
- Trademark Search
Use IP India Public Search to check availability in Class 40. - Draft TM-A Application
Be specific about material treatment services:
“Metal fabrication; CNC machining; electroplating; plastic injection molding; textile dyeing; 3D printing.” - File Online via IP India Portal or Attorney
Apply at ipindiaonline.gov.in or through a trademark lawyer. - Registrar Examination
Registrar checks for uniqueness, public interest, and conflict. - Publication in Journal
Trademark is published for 4 months to allow objections. - Registration Certificate
If no objections, it’s approved and valid for 10 years, renewable.
Documents Required:
• PAN or Aadhaar (individual or company)
• TM-48 form (for agent filing)
• Logo/image file (if applying for device mark)
• MSME/Udyam certificate (optional, for discounted fee)
• Website or service brochure (optional, but helpful)
International Filing – Class 40 (Madrid Protocol)
Planning to serve global OEMs or export-ready brands? Use Madrid Protocol to file your Class 40 mark internationally.
Country Trademark Class
India Class 40
USA Class 040
EU Class 40
UK Class 40
WIPO (Madrid) Class 40
Ideal for 3D printing startups, export-quality process houses, and custom manufacturers.
Common Mistakes in Class 40 Filing
- Filing product-based trademarks (e.g., “metal sheets”) instead of services
- Using vague terms like “processing services” without specifics
- Assuming manufacturing is protected under the product class
- Not including sub-service units or factory trade names
- Skipping logo/device mark filing for packaging or factory branding
Always protect service brand, logo, label designs, and proprietary processing systems.
Tips for Class 40 Trademark Applicants
• Mention each material and treatment: metal, plastic, chemical, textile
• For OEM services, include “contract manufacturing for third parties”
• Chemical plants must specify “blending, distillation, purification”
• Printers should include “screen, label, 3D, flex printing services”
• Include recycling or material recovery if applicable
FAQs – Trademark Class 40
Q1. Is product manufacturing covered under Class 40?
✅Yes, if it’s a service offered to others, not internal use.
Q2. Is software-based process monitoring included?
❌ No, that belongs in Class 42.
Q3. Is recycling included in Class 40?
✅ Yes, recycling or upcycling of plastic, metal, paper, or glass is included.
Q4. Is custom packaging and embossing a Class 40 service?
✅ Yes.
Q5. Is CNC machining covered?
✅ Yes.
Q6. Are chemical treatment plants required to file here?
✅ Yes, for material transformation.
Q7. Can I trademark my tannery or dyeing unit under this class?
✅ Yes.
Q8. What if I manufacture and sell?
📌 File in both Class 40 (services) and relevant product class (e.g., Class 6 or 25).
Q9. Can I protect the name of my tool room under Class 40?
✅ Yes, if it offers treatment/fabrication services.
Q10. Are surface coating and powder coating included?
✅ Yes.
Conclusion
Trademark Class 40 is a specialized yet essential category for manufacturers, process houses, treatment plants, and industrial service providers. Whether you’re customizing packaging, treating fabric, blending chemicals, or 3D printing prototypes, your brand identity must be protected legally.
At RegistrationMART, we help:
• Identify the correct treatment service for Class 40 filing
• Draft precise service descriptions for approval
• File device/word marks and industrial branding
• Respond to objections or global opposition
• Handle multi-class strategies for product + service branding
🔐 Get Expert Help Today
📞Call Us: +91-7201000259
🌐Visit: www.registrationmart.in
📧Email: support@registrationmart.in
