Trademark registration is the process of registering a company's logo, brand name, etc. to secure legal protection against its use by the others. But it is not necessary that the...
In our previous blog on how to choose correct trademark class of services we have mentioned several trademark classes for both goods as well as services.
Therefore, if you ever get into confusion, whether your offerings fall into goods or services, you can refer to the previous blog.
However, in this article, our primary focus is on discussing various trademark classes for different services. Hence, you can discover in which trademark class your concerned service falls.
Trademark class for Services
Services are the intangible offering of any company. Therefore, when a company registers its trademark, it receives complete liberty to use that specific mark.
Furthermore, one can’t use a similar trademark on all kinds of services that he/she offers. Instead, the applicant can only use it for certain service he/she has applied in the trademark application.
Trademark services range from Trademark Class 35 to class 45. We have described all the classes for service below:
Advertising and business consulting
Insurance, finance, etc.
Repair, construction, cleaning
Utilities, transport, storage, and warehousing
Working, materials treatment
Education, reproduction, amusement, entertainment
Research and design, scientific and technological services, etc.
Food and drink providers, temporary accommodations
Medical services, veterinary services, hygiene, and beauty care
Legal services, social services, security services, etc.
Trademark Class 35
Class 35 is for Advertising and Business. Mainly the services which aid the management in handling the company’s affairs and the commercial undertaking.
Class 35 includes any advertising activity where any announcement to the general public is made at a large extent.
Specifically, services covered in class 35 are:
- 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
Class 36 covers the services pertaining to real estate affairs, insurance, financial affairs, and monetary affairs.
Additional services covered under class 36 are:
- 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 traveler’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
Class 37 is associated with services related to construction and repair.
Specifically, class 37 includes the following:
- Work done by contractors and sub-contractors;
- Repairing work and making of buildings;
- Restoring any work into its original form, etc.;
- Shipbuilding services.
Services not covered under class 37 are:
- Storage of goods such as vehicles or clothes;
- Services associated with the dyeing of clothes or cloth.
Trademark class 38
Class 38 covers services related to communications between people, either oral or visual.
Following services are covered under Class 38:
- Transmission of messages from one individual to another;
- Services consisting of the diffusion of television or radio programs.
Services not falling under class 38 are:
- Telemarketing services;
- Radio advertisements.
Trademark Class 39
Class 39 provides services such as transport, utilities, storage, and warehousing.
Services falling under 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 which must not fall in this class:
- 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, class 40 covers the services such as transformation of objects or substance, mechanical or chemical processing, etc.
Following services also fall under class 40:
- 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.
Repairing services don’t fall under class 40.
Trademark Class 41
Class 41 is for services related to education such as training, cultural and sporting activities, providing training, etc.
Services under class 41 are:
- 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
Class 42 refers to technological and scientific services and research & designing, computer software and hardware designing and development, etc.
Additional services covered under Class 42 are:
- Services rendered by scientists and engineers undertaking evaluations, calculations, research, and reports;
- Kind of services associated with scientific research for medical purposes.
Services that aren’t covered under 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
Class 43 particularly covers services such as preparation of foods and drinks for consuming purposes.
Specifically, this class includes the following services:
- 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.
Class 43 doesn’t include the following:
- 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
Class 44 refers to medical services, hygienic and beauty care, veterinary services for human beings and animals; horticulture, agriculture, and forestry services.
Additional services which fall under class 44:
- 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.
Services not covered under class 44:
- 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 interest and property.
Particularly, this class includes the following:
- 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.
Class 45 doesn’t include the following:
- 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. Therefore, if you are ever confused that whether you are choosing the right class or not, you can check on the Nice classification website.
If you are still doubtful about your service class or unable to figure out in which class do they fall, you can leave a comment below. We will get back to you soon.