Class 40 includes services for the treatment of materials. Class 40 includes mainly services not included in other classes, rendered by the mechanical or chemical processing or transformation of objects or inorganic or organic substances. This Class includes, in particular:
- services relating to transformation of an object or substance and any process involving a change in its essential properties (for example, dyeing a garment); consequently, a maintenance service, although usually in Class 37, is included in Class 40 if it entails such a change (for example, the chroming of motor vehicle bumpers);
- services of material treatment which may be present during the production of any substance or object other than a building; for example, services which involve cutting, shaping, polishing by abrasion or metal coating.
For a complete listing of all goods in Class 40, see below. Class 40 is one of 45 classes used by the U.S. Patent and Trademark Office (USPTO) when grouping products or services.
Examples of trademarks in Class 40 include:
BIOENERGY (manufacture of bio-fertilizers), USPET (food canning), REDSOUL (custom motorcycle production).
You would NOT use Class 40 if you were registering repair services (Class 37 - Construction and Repair Services).
Related (Coordinated) Classes
If you are not sure whether you should register in Class 40, you might also consider the following “coordinated” classes: Business Services, Class 36 - Insurance and Finance Services, Class 37 - Construction and Repair Services, Class 38 - Telecommunications Services, Class 39 - Shipping and Travel 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 40 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 40
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 restaurants).
Letterhead stationery 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.
Internet. In 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 40 services:
- news releases or articles based on news releases,
- 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 slips,
- 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 the audio.
For More Information on Trademarks and Federal Registration
Complete Listing of All Goods in Class 40 Based on Taxonomy
- Custom manufacture and assembly services, cloth edging, cloth cutting, clothing alteration, coppersmithing/boiler-making, custom fashioning of fur, custom assembling of materials for others, services of a dental technician, dressmaking, embroidery services, framing of works of art, glass-blowing, key cutting, knitting machine rental, tailoring, taxidermy.
- Energy production, production of energy, rental of generators, rental of boilers.
- Treatment and transformation of materials, abrasion, blacksmithing, burnishing by abrasion, cadmium plating, chromium plating, cryopreservation services, decontamination of hazardous materials, electroplating, engraving, flour milling, galvanization, gilding, gold-plating, grinding, laminating, laser scribing, magnetization, material treatment information, metal plating, metal treating, metal tempering, metal casting, millworking, nickel plating, optical glass grinding, paper finishing, paper treating, planing [saw mill], pottery firing/firing pottery, processing of oil, refining services, saddlery working, sandblasting services, sawing [saw mill], silver-plating, soldering, stripping finishes, tanning, timber felling and processing, tin-plating, vulcanization [material treatment], warping [looms], window tinting treatment, being surface coating, woodworking, wool treating.
- Textile, leather and fur treatment, applying finishes to textiles, cloth waterproofing/fabric waterproofing, cloth fireproofing/fabric fireproofing/textile fireproofing, cloth dyeing, cloth pre-shrinking, crease-resistant treatment for clothing, dyeing services, textile dyeing, fabric bleaching, fulling of cloth, fur dyeing, fur conditioning, fur mothproofing, fur glossing, fur satining, leather staining, leather working, permanent-press treatment of fabrics, quilting, shoe staining, skin dressing, textile treating/cloth treating, textile mothproofing.
- Recycling and waste treatment, destruction of waste and trash, incineration of waste and trash, recycling of waste and trash, sorting of waste and recyclable material [transformation], waste treatment [transformation], Printing, and photographic and cinematographic development, bookbinding, processing of cinematographic films, color separation services, lithographic printing, offset printing, pattern printing, photocomposing services, photographic printing, photographic film development, photogravure, printing, silkscreen printing.
- Duplication of audio and video recordings, Air and water conditioning and purification, air purification, air freshening, air deodorizing, rental of air conditioning apparatus, rental of space heating apparatus, water treating.
- Slaughtering, slaughtering of animals.
- Food and beverage treatment, food smoking, food and drink preservation, freezing of foods, fruit crushing.