Class 37 includes
building construction; repair; and installation services. Class 37 includes mainly
services rendered by contractors or subcontractors in the construction or
making of permanent buildings, as well as services rendered by persons or
organizations engaged in the restoration of objects to their original condition
or in their preservation without altering their physical or chemical properties.
In particular, it includes
- services relating to the construction of
buildings, roads, bridges, dams or transmission lines and services of
undertakings specializing in the field of construction such as those of
painters, plumbers, heating installers or roofers;
- services auxiliary to construction services like
inspections of construction plans;
- services of shipbuilding;
- services consisting of hiring of tools or
- repair services, i.e., services which undertake
to put any object into good condition after wear, damage, deterioration or
partial destruction (restoration of an existing building or another object that
has become imperfect and is to be restored to its original condition);
- various repair services such as those in the
fields of electricity, furniture, instruments, tools, etc.;
- services of maintenance for preserving an object
in its original condition without changing any of its properties
For a complete listing of all goods in Class 37, see below. Class
37 is one of 45 classes used by the U.S. Patent and Trademark Office (USPTO)
when grouping products or services.
trademarks in Class 37 include:
READY ROOFER (building construction), MR. SPEEDY
(installation of HVAC), VENUS PEST CONTROL (pest control).
You would NOT use Class
37 if you were registering:
If you are not sure whether you should register in Class 37,
you might also consider the following “coordinated” classes: Business Services,
Class 36 -
Insurance and Finance Services, Class 38 -
Telecommunications Services, Class 39 -
Shipping and Travel Services, Class 40 -
Material Treatment Services, Class 41 -
Education and Entertainment Services, Class 42 -
Science and Technology Services, Class 43 -
Food Services, Class 44 -
Medical and Vet Services, Class 45 -
Legal and Security Services. A coordinated class is one that is
related to another class, usually because the USPTO has determined that
applicants filing within Class 37 often file in the coordinated classes, too.
Why use the class
system? Trademark registration is based on a class system. For each class
of goods or services that you register, you must pay a separate registration
fee. So if you apply for a trademark for posters (Class
16) and shirts (Class
25), you must pay two fees. You must indicate the correct class at the time
you are registering a trademark. If you list the incorrect class, you must
start the application process over. Your registrations are restricted to those
classes that encompass the goods or services you are already offering (as shown
by the specimens you submit) or that you plan to offer (if you are registering
on an intent-to-use basis). You may also need information about the class
number in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 37
A specimen for service must show use of the mark in a manner
that would be perceived by potential purchasers as identifying the applicant's
services and indicating their source. Where the mark is used in advertising the
services, the specimen must show an association between the mark and the
services for which registration is sought. A
specimen that shows only the mark, with no reference to the services, does not
show service mark usage.
When you are offering a service, you have no product to
which you can affix a label. Acceptable specimens for services include a
variety of materials that can’t be used for product marks. This includes
scanned copies of advertising and marketing materials, such as newspaper and
magazine ads, brochures, billboards, direct mail pieces, and menus (for
and business cards showing the mark may be used if the services are plainly
reflected on them, because the name or symbol being claimed as a mark would, in
that context, be used to identify the services provided—that is, as a mark
rather than as a trade name. A letter on stationery will even be accepted as a
specimen for a service mark if the mark appears and the services are described
in the letter.
cases of services rendered over the Internet, a screen shot of the full web
page should be fine. If the mark is being prominently displayed on the home
page, so much the better.
The following are unacceptable
specimens for marks for Class 37 services:
- news releases or articles based on news
- documents showing trademark rather than service
mark usage (use of the mark in connection with goods rather than services),
- invoices and similar documents such as packing
- letterhead or business cards that bear only the
mark and a company name and address are not adequate specimens (use of the mark
to identify a company, such as on letterhead). As discussed earlier, one
exception to this is if the letterhead or the text of the letter identifies the
services represented by the mark.
Audio. Most marks
appear in writing somewhere. If your mark represents a service, and it appears
only on radio ads or in some other audio form, you may submit a sound file of
For More Information on Trademarks and Federal Registration
See Nolo’s Trademark
Center or consider Nolo’s
Online Trademark Application
Complete Listing of All Goods in Class 37 Based on Taxonomy
construction and demolition, asphalting, bricklaying, building construction
supervision, building insulating, building sealing/damp-proofing [building],
building of fair stalls and shops, construction, construction information,
construction consultation, demolition of buildings, factory construction, harbour
construction, masonry, pier breakwater building, plastering, pumicing, road
paving, roofing services, sanding, underwater construction, warehouse
construction and repair.
- Rental of
tools, plant and equipment for construction and demolition, rental of
bulldozers, rental of excavators, rental of construction equipment, rental of
cranes [construction equipment], rental of drainage pumps.
and oil and gas extraction, drilling of wells, drilling of deep oil or
gas-wells, mining extraction, quarrying services.
cleaning, repair and maintenance, artificial snow-making services, boiler
cleaning and repair, burner maintenance and repair, carpentry services, chimney
sweeping, electric appliance installation and repair, film projector repair and
maintenance, freezing equipment installation and repair, furnace installation
and repair, installation of doors and windows, interference suppression in
electrical apparatus, irrigation devices installation and repair, kitchen equipment
installation, knife sharpening, laundering, machinery installation, maintenance
and repair, office machines and equipment installation, maintenance and repair,
painting, interior and exterior, paper hanging/wallpapering, parasol repair,
photographic apparatus repair, pipeline construction and maintenance, pump
repair, re-tinning, rebuilding engines that have been worn or partially
destroyed, rebuilding machines that have been worn or partially destroyed,
repair information, restoration of works of art, restoration of musical
instruments, riveting, rustproofing, scaffolding, painting or repair of signs,
street cleaning, swimming-pool maintenance, umbrella repair, underwater repair,
lock and safe installation, maintenance and repair, burglar alarm
installation and repair, fire alarm installation and repair, repair of security
locks, safe maintenance and repair, strong-room maintenance and repair.
- Clock and
watch repair, clock and watch repair.
hardware and telecommunication apparatus installation, maintenance and repair, installation,
maintenance and repair of computer hardware, telephone installation and repair.
(Heating, ventilation and air conditioning) installation, maintenance and
repair, air conditioning apparatus installation and repair, heating equipment
installation and repair.
and refilling of toner cartridges, refilling of toner cartridges.
maintenance and repair, retreading of tires [tires]/retreading of
tires/retreading of tires, vulcanization of tires [tires]
[repair]/vulcanization of tires [repair]/vulcanization of tires [repair].
maintenance and repair, Interior and exterior cleaning of buildings,
cleaning of buildings [exterior surface], cleaning of buildings [interior],
Rental of cleaning and washing machines and equipment, rental of cleaning
machines, rental of road sweeping machines.
service, repair, maintenance and refuelling, airplane maintenance and
repair, anti-rust treatment for vehicles, car wash/motor vehicle wash, motor
vehicle maintenance and repair, vehicle cleaning, vehicle wash, vehicle
lubrication [greasing]/vehicle greasing/vehicle lubrication, vehicle polishing,
vehicle service stations [refuelling and maintenance], vehicle maintenance,
vehicle breakdown assistance [repair].
installation, maintenance and repair of glass, windows and blinds, window
installation, maintenance and repair, plumbing.
maintenance and repair, cabinet making [repair], furniture maintenance,
furniture restoration, upholstering, upholstery repair, Lift and elevator
installation, maintenance and repair, elevator installation and repair/lift
installation and repair.
and care of fabric, textile, leather, fur and goods made thereof, cleaning
of clothing, clothing repair, diaper cleaning, dry cleaning, fur care, cleaning
and repair, leather care, cleaning and repair, linen ironing, mending clothing,
pressing of clothing, renovation of clothing, shoe repair, washing of linen,
disinfection and pest control, disinfecting, rat exterminating, vermin
exterminating, other than for agriculture.