TRADEMARK CLASS 40 – TREATMENT OF MATERIALS & MANUFACTURING SERVICES IN INDIA

Class 40 covers all services involving the treatment or transformation of materials or objects for others. This includes metal fabrication and machining, printing and engraving, textile dyeing and finishing, leather tanning, food and beverage processing, wood treatment, recycling, water and air treatment, surface coating and electroplating, plastic moulding, and custom tailoring services.

Class 40 is a services class, not a goods class. It covers the service of treating or processing materials on behalf of clients — not the sale of the resulting products. For example, if you provide custom metal cutting as a service, that's Class 40. But if you manufacture and sell metal products, those goods would be classified under the relevant goods class (e.g., Class 6 for common metals). Many businesses need both the services class and the goods class.

Yes. Commercial printing services — offset printing, digital printing, screen printing, 3D printing, laser engraving, embossing and lithography — are all explicitly covered under Class 40. Print-on-demand brands, commercial printing studios and packaging printing companies should register their trademark under Class 40 to protect their brand. If you also sell printed products (e.g., books, stationery), Class 16 may additionally be required.

Yes. Textile dyeing, bleaching, fabric finishing, weaving-to-order, embroidery services and all forms of textile processing performed as a service for clients fall under Class 40. India's large textile and garment industry makes this an extremely important class for fabric mills, dyeing houses and processing units. If your business also manufactures and sells finished fabric or clothing, Class 24 or Class 25 registration may additionally be needed.

Yes. Recycling services — including scrap metal processing, e-waste recycling, plastic recycling, paper recycling and material recovery — are covered under Class 40. India's rapidly growing recycling and circular economy sector makes trademark registration under this class critical for establishing brand authority and preventing competitors from trading on your reputation in this space.

Class 37 covers construction, installation, and repair services — restoring things to their original working condition. Class 40 covers the transformation or treatment of materials — changing a material's state, form or property. For example, repairing a machine is Class 37; custom-fabricating metal parts for a machine is Class 40. Some industrial businesses may need both classes depending on their service offering.

Yes. Contract food processing, custom milling, spice grinding, food freezing and preservation services performed for other businesses are covered under Class 40. If you also sell packaged food products under your brand, those goods would be classified separately under Class 29, 30, 31, or 32 depending on the product type. A multi-class filing is often advisable for food businesses with both processing services and branded products.

The complete trademark registration process in India typically takes 12 to 18 months, depending on whether any examination objections are raised or third-party oppositions are filed. From the date of filing, you are legally entitled to use the ™ symbol on your branding, stationery, vehicles and marketing materials. The ® symbol can only be used after the official registration certificate is issued by the Trade Marks Registry.

With a registered Class 40 trademark, you can immediately send a legal cease-and-desist notice, file an infringement complaint with the Trade Marks Registry, and initiate civil proceedings for injunction and monetary damages. Indian courts regularly grant interim injunctions in clear infringement cases. Without registration, your only recourse is the common law passing-off action, which is slower, more expensive and requires extensive proof of established goodwill.

The official government filing fee is ₹4,500 for individuals, sole proprietors, and Udyam-registered MSMEs or DPIIT-recognised startups (50% concession). For private limited companies, LLPs, partnerships and other incorporated entities, the fee is ₹9,000 per class. Fees are paid online to the CGPDTM through the official IP India e-filing portal at the time of application submission.