Trademark Class 37: Construction, Installation, and Maintenance Services – Complete Legal & Business Guide (India)

Introduction

India is one of the fastest-growing construction markets in the world, driven by urban development, infrastructure growth, smart cities, and real estate expansion. From skyscrapers and metro systems to home renovations and industrial plants, every builder, developer, and service contractor must protect their brand identity in this competitive space.

Trademark Class 37 plays a vital role in legally safeguarding construction companies, real estate developers, mechanical and electrical contractors, renovation services, and installation professionals.

This in-depth article explains:

  • What services fall under Class 37
  • What’s excluded
  • Indian trademark examples
  • Filing process and global protection
  • Tips for contractors, builders, and infrastructure firms
  • Common mistakes and FAQs

Legal Definition in India

As per the Trade Marks Act, 1999 and Nice Classification (11th edition), Trademark Class 37 includes:

“Building construction; repair; installation services.”

This covers physical, on-site services such as:

  • Construction of buildings and roads
  • Electrical and mechanical installations
  • Renovation and repair
  • Infrastructure and utility works
  • Plumbing, painting, carpentry, and more

Services Covered Under Class 37

Construction & Development

  • Residential and commercial building construction
  • Real estate project development
  • Industrial and warehouse construction
  • Infrastructure projects: roads, bridges, airports, metros
  • Civil engineering and structural work
  • Masonry and concreting services
  • Smart city and urban development works

Renovation & Repair

  • House renovation and remodeling
  • Waterproofing, tiling, roofing services
  • Floor and ceiling repair
  • Plumbing and electrical repair
  • Elevator and escalator maintenance
  • HVAC system servicing
  • Pest control and fumigation (as maintenance)

Installation Services

  • Electrical installation (panels, wiring, meters)
  • Solar panel setup
  • Machinery installation (industrial plants)
  • Air conditioners, fans, lighting setup
  • CCTV, intercom, and home automation systems
  • Network and communication cabling
  • Home inverter or generator installations

Specialty Trade Services

  • Painting and polishing
  • Carpentry and woodwork
  • Plumbing and sanitation installation
  • Welding and metal works
  • Glass fitting and facade installation
  • Signboard installation
  • False ceiling and POP work

Who Should Register Under Class 37?

Class 37 is relevant for:

  • Construction companies and EPC contractors
  • Builders and real estate developers
  • MEP (Mechanical, Electrical, Plumbing) contractors
  • Facility management firms
  • Renovation and home improvement services
  • Electricians, plumbers, and solar installers
  • HVAC and elevator servicing companies
  • Interior fit-out and turnkey solution providers
  • Civil engineering and infrastructure firms

If your business involves building, fixing, assembling, installing, or servicing physical structures or systems, you need a Class 37 trademark.


What Is Not Covered Under Class 37?

Service Correct Class
Real estate sales or brokerageClass 36
Architectural design or planningClass 42
Engineering consultingClass 42
Software for construction managementClass 42
Real estate marketing or advertisingClass 35
Education or training for techniciansClass 41
Manufacturing of materials or machinesClass 6, 7, 19

Tip: Class 37 is for execution-based physical services, not design, sales, or software.


Real Trademark Examples – Class 37 (India)

Brand NameService Filed Under Class 37
L&T ConstructionInfrastructure and building construction
TATA ProjectsEngineering, procurement, and construction
Godrej InterioHome installation and modular setup
NCC LimitedBuilding and road construction
Sobha DevelopersReal estate development and civil works
UrbanClap (Urban Company)Home installation and repair services
LivspaceHome renovation and interior installation
KEC InternationalPower infrastructure and electrical works
VoltasAC and HVAC installation
Blue StarCold storage and refrigeration system setup

Why Trademark Protection in Class 37 is Important

  • Secures your construction brand name or repair service identity
  • Prevents other contractors from copying your brand
  • Required for government tenders and project bids
  • Strengthens brand recognition in developer networks
  • Supports project subcontracting, franchising, and OEM works
  • Prevents confusion with local service providers using similar names

Trademark Filing Process – Class 37 (India)

  1. Trademark Search: Use IP India Search to check availability in Class 37.
  2. Draft the TM-A Application: Use clear service descriptions.
  3. File Online or Through Agent: Via ipindiaonline.gov.in.
  4. Examination by Registrar: For clarity and similarity checks.
  5. Journal Publication: Open to opposition for 4 months.
  6. Trademark Certificate Issued: Valid for 10 years, renewable.

Documents Required:

  • PAN or Aadhaar of the applicant
  • Brand logo (for device mark)
  • TM-48 (if filing via agent)
  • MSME/Udyam certificate (optional)
  • Website, brochure, or service catalog (optional)

International Filing – Madrid Protocol (Class 37)

Going global? File in 100+ countries via Madrid Protocol:

  • India: Class 37
  • USA: Class 037
  • EU: Class 37
  • UK: Class 37
  • WIPO: Class 37

Ideal for contractors and infra firms working internationally.


Common Filing Mistakes in Class 37

  1. Filing design/planning services under Class 37 instead of Class 42
  2. Using vague descriptions like “infra services”
  3. Not filing sub-brands or project names
  4. Skipping logo/device registration
  5. Assuming project division is covered under parent company trademark

Tips for Class 37 Trademark Applicants

  • Include construction, repair, and installation explicitly
  • Mention specialty verticals: solar, HVAC, CCTV, etc.
  • Register logos and tool/device marks
  • File early before going live or advertising
  • File state or regional variants for franchise models

FAQs – Trademark Class 37

  • Q1: Is plumbing service covered? ✅ Yes
  • Q2: Are electricians and AC installers covered? ✅ Yes
  • Q3: Are real estate developers required to file? ✅ Yes
  • Q4: Is architecture included? ❌ No (Class 42)
  • Q5: Is waterproofing included? ✅ Yes
  • Q6: What about interior painting? ✅ Yes
  • Q7: Elevator maintenance? ✅ Yes
  • Q8: Tool brand registration? ❌ No (Class 7 or 8)
  • Q9: Facility management? ✅ Yes (if repair-based)
  • Q10: Solar installation? ✅ Yes

Conclusion

Trademark Class 37 is a must-have for businesses in construction, installation, maintenance, and repair services. Whether you’re building smart cities, installing air conditioners, or offering home repairs — your brand name and service identity must be protected legally.

At RegistrationMART, we help:

  • Identify correct Class 37 filing strategy
  • File trademarks for civil, MEP, and infra brands
  • Secure logos, service labels, and brand variants
  • Respond to objections and manage global filings
  • Protect your brand across contracts, tenders, and OEM deals

🔐 Get Expert Help Today

📞 Call Us: +91-7201000259
🌐 Visit: www.registrationmart.in
📧 Email: support@registrationmart.in

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