In categorizing trademark registrations, the U.S. Patent and Trademark Office (PTO) divides marks into 45 different "classes" of products or services. The purpose of these classes is to allow different types of businesses to register their trademarks into categories most related to their core business.
Class 37, one of those 45 classes, is a broad class that includes building construction, demolition services, repair, and various installation services. Class 37 includes mainly services rendered by contractors or subcontractors in the construction or improvement of buildings, as well as services rendered by persons engaged in the restoration of objects to their original condition (without altering their physical or chemical properties). For example, Class 37 is appropriate for trademarks of businesses that perform:
- 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 building materials
- repair services, that is, 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, and so on, and
- 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. For more information about trademarks and federal registration, see Nolo's articles on Trademarks.
Examples of Trademarks in Class 37
READY ROOFER (building construction), MR. SPEEDY (installation of HVAC), VENUS PEST CONTROL (pest control).
You would not use Class 37 if you were registering:
Related or Coordinated Classes
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 PTO has determined that applicants filing within Class 37 often file in these other classes, too.
Be careful of trying to register your business into too many categories, however. 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 PTO's trademark database.
Furnishing 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 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.
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 37 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, and
- letterhead or business cards that bear only the mark and a company name and address (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 marks are also valid in some cases. 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.
Complete Listing of All Goods in Class 37 Based on Taxonomy
- Building, 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.
- Shipbuilding, shipbuilding.
- 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.
- Mining, and oil and gas extraction, drilling of wells, drilling of deep oil or gas-wells, mining extraction, quarrying services.
- Installation, 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, varnishing.
- Alarm, 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.
- Computer hardware and telecommunication apparatus installation, maintenance and repair, installation, maintenance and repair of computer hardware, telephone installation and repair.
- HVAC (Heating, ventilation and air conditioning) installation, maintenance and repair, air conditioning apparatus installation and repair, heating equipment installation and repair.
- Re-inking and refilling of toner cartridges, refilling of toner cartridges.
- Tire 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].
- Building 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.
- Vehicle 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].
- Glazing, installation, maintenance and repair of glass, windows and blinds, window cleaning.
- Plumbing installation, maintenance and repair, plumbing.
- Furniture 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.
- Cleaning 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, washing.
- Extermination, disinfection and pest control, disinfecting, rat exterminating, vermin exterminating, other than for agriculture.