Trademark Class for Service – Trademark Class 35 to 45
The term “Trademark Class for Service” is a further extension to Trademark Classification or Classes. It denotes the services for which one can obtain Trademark Registration in India. These services are covered from Trademark Class 35 to 45.
In this blog, we will thoroughly discuss the services covered under the Trademark Classification for Services.
Concept of Trademark
The term “Trademark” denotes protection given to the logo, brand, name, and symbol of a company. It means that no one has the power to copy or imitate a good or service without taking prior permission from the trademark holder.
Concept of Trademark Class for Services
The term “Service” denotes the intangible rendering by any company. However, if the services offered are of unique nature, then the company has the right to get the specific service registered under the provisions of the Trademarks Act.
Whenever a company decides to obtain registration for a service, it acquires liberty and freedom to use that as a specific mark.
Further, the service provider needs to obtain a separate registration for each service. That means he/she cannot obtain single registration for multiple services.
Trademark services range from Trademark Class 35 to class 45. We have described all the classes for service below:
|Class 35||Advertising and business consulting|
|Class 36||Insurance, finance, etc.|
|Class 37||Repair, construction, cleaning|
|Class 39||Utilities, transport, storage, and warehousing|
|Class 40||Working, materials treatment|
|Class 41||Education, reproduction, amusement, entertainment|
|Class 42||Research and design, scientific and technological services, etc.|
|Class 43||Food and drink providers, temporary accommodations|
|Class 44||Medical services, veterinary services, hygiene, and beauty care|
|Class 45||Legal services, social services, security services, etc.|
Trademark Class 35
Trademark Class 35 deals with the Advertising and Business Consulting services. This section includes those services that aid the management in handling the affairs of the company and commercial undertaking. Further, this section includes any advertising activity wherein the announcement is made to the public at a large extent.
The services covered under Trademark Class 35 are as follows:
- Management or operation of a commercial undertaking;
- Aid in managing the business affairs or commercial functioning of a commercial or industrial enterprise;
- Advertising establishments rendering services primarily declarations or announcements by any means, undertaking communications to the public, etc.
Trademark Class 36
Trademark Class 36 covers the services concerning Real Estate, Insurance, Financial, and Monetary affairs.
The Additional Services covered under Trademark Class 36 are as follows:
- All the services related to banking establishments or organizations in connection with them. For example, exchange brokers or clearing services;
- Credit institution services, except banks. For instance, lenders, co-operative credit associations, individual financial companies, etc.;
- Services provided by brokers who deal in shares and property;
- Services related to investment trusts of holding companies;
- Monetary affairs’ services vouched for by trustees;
- Hire or lease-purchase financing;
- Services related to the issue of traveller’s letters of credit and cheques;
- Types of services provided by the realty administrators of buildings such as valuation or letting, or financing;
- Services regarding insurance such as services offered by brokers or agents engaged in insurance, etc.
Trademark Class 37
Mainly the services related to construction and repair are included under Trademark Class 37.
The services covered under this Trademark Class for Service are as follows:
- Work done by contractors and sub-contractors;
- Repairing work and making of buildings;
- Restoring any work into its original form, etc.;
- Shipbuilding services.
The services not covered under Trademark Class 37 include the following:
- Storage of goods such as vehicles or clothes;
- Services associated with the dyeing of clothes or cloth.
Trademark class 38
The services concerning the Communication between the people, either orally or visually, are covered under this Trademark Class.
The services included under the Trademark Class 38 are as follows:
- Transmission of messages from one individual to another;
- Services consisting of the diffusion of television or radio programs.
The services not falling under the ambit of Trademark Class 38 are as follows:
- Telemarketing services;
- Radio advertisements.
Trademark Class 39
This Trademark Class of Trademark Classification comprises of services, such as Transport, Utilities, Warehousing, and Storage.
The Services falling under the ambit of Trademark class 39 are as follows:
- Services used by the transporters provided by companies exploiting bridges, stations, railroad ferries, etc.,
- Those services associated with the renting of transport vehicles;
- Inspecting vehicles and goods before transportation;
- Parceling and packaging of goods before dispatching them;
- Unloading, maritime tugs, etc.
Services that do not fall under this Trademark Class are as follows:
- Room reservations in the hotel through brokers or travel agents;
- Commercial, fire, or life insurance during the transportation of goods or persons;
- Maintenance and repairing of vehicles, etc.
Trademark Class 40
Generally, services like Transformation of Substance or Objects, Mechanical, or Chemical Processing are covered under Class 40 of the Trademark Class.
The services falling under this criterion includes the following:
- Services concerned with the transformation of objects or substances and any method which involves a change in their mechanical or chemical properties. For example, dyeing a garment.
- A few maintenance services which create a change like chroming of motor vehicle bumpers.
- Material treatment services present during the production of any object or substance other than a building. For instance, services involving cutting, polishing by abrasion, shaping, and metal coating.
Further, it shall be relevant to note that the services relating to Repairing are not covered under Class 40 of the Trademark.
Trademark Class 41
This specific class deals with the activities concerning Training, Cultural, and Sporting Activities.
The Services covered under Trademark Class 41 are as follows:
- Every kind of education of human or training of animals;
- Presenting works of literature, visual art, etc. for educational or cultural purposes.
Trademark Class 42
All the services relating to Technological, Scientific, Research, Designing, Computer Software, and Hardware Designing are covered under Trademark Class 42 of the Trademark Classification.
The Additional Services covered under Trademark Class 42 are as follows:
- Services rendered by scientists and engineers undertaking evaluations, calculations, research, and reports;
- Kind of services associated with scientific research for medical purposes.
The Following are the Services that are not included under Trademark Class 42:
- Business research and financial and fiscal evaluations;
- Services relating to computer, both hardware and software installation and repair services;
- Medical treatment services;
- Oil extraction and mining;
- Garden design, etc.
Trademark Class 43
This specific class of trademark deals with the services relating to the preparation of foods and drinks for consuming purposes.
The services covered in this Trademark Class are as follows:
- Establishments or persons who aim at preparing food and drink for consumption provide the concerned service;
- Services related to reservation and accommodation of travelers, especially through brokers and travel agents;
- Boarding for animals.
The services not included under Trademark Class 43 are as follows:
- Rental services for real estate like flats, houses, etc. (class 36);
- Arranging travel by tourist agencies (class 39);
- Services related to the preservation of foods and drink (class 40);
- Discotheque services; Boarding schools (class 41)
- Convalescent homes and rest (class 44)
Trademark Class 44
Trademark Class 44 refers to the Medical Services, Hygiene and Beauty Care, Horticulture, Agriculture, Forestry, veterinary services for animals, etc.
The Services falling under this class are as follows:
- Services of medical analysis such as taking blood samples or x-ray examinations, etc.;
- Pharmacy advice;
- Artificial insemination;
- Breeding of animals
- Services associated with the growth of plants like gardening;
- Floral art services such as garden design and floral compositions.
The Services not covered under Trademark Class 44 are:
- Vermin extermination services except for horticulture, agriculture, and forestry; Repair and installation services for irrigation systems (Class 37);
- Animal slaughtering and taxidermy; timber felling and processing (Class 40);
- Services related to animal training; health clubs as described in class 41;
- Services included in class 42 such as scientific research services essential for medical purposes;
- Retirement homes and boarding for animals covered in class 43.
Trademark Class 45
Class 45 is for personal and social services such as surveillance, investigation, escort services, and more. Generally, such services are rendered to individuals in need of the protection of their interests and property.
The services particularly included under this Class are as follows:
- Surveillance and investigation services linked with the safety of individuals and entities;
- Social services such as matrimonial agencies, funeral services, social escort services, etc.
- Legal services by lawyers such as legal assistance, personal advocates, etc., to individuals, organizations, group of individuals, and others.
Trademark Class 45 does not include the services as follows:
- Professional services to help in the functioning or operation of any commercial undertakings, as in class 35.
- Services associated with monetary or financial affairs that deal with insurance and included in class 36.
- Escort services for travelers and secure transport, as in class 39.
- Services of class 41 such as singers and dancers’ performance, and all kind of education of people.
- Medical, beauty care, or hygienic services for human beings as well as animals (services of class 44)
- A few rental services.
Importance of Trademark Classes in Trademark Registration
Trademark classes play a vital role in the Trademark registration. It helps the applicant in conducting a trademark search. Choosing the right class will help you get the trademark registered with ease.
In case, you have chosen the wrong class, then there would be two consequences:
- Either the application for trademark registration will be rejected, or
- It will be registered in the wrong class which will be quite difficult to change in the future.
WIPO (World Intellectual Property Organization) administers NICE, which is an international classification system for allotting trademark classes to good and services.
Trademark Classes play a significant role in the Process of Trademark Registration. One can check the correct trademark class from the online tool named NICE Classification.
However, it is always advised to take professional assistance. As if in case the applicant selects the wrong class, he/she will require to under the registration process again.
At Swarit Advisors, our team of experts holds more than 10 years of experience in providing Trademark Registration and other related services. The term “other related services trademark” provided by our experts include Trademark Renewal, Trademark Objection, and Trademark Assignment.