Trademark Class 37 covers execution-based services, construction, repair, installation, restoration, and maintenance. It protects the brand identity of businesses that build, install, repair, or maintain structures, machinery, vehicles, and equipment.
Major players like Larsen & Toubro, Tata Projects, Shapoorji Pallonji, DLF, and Godrej Construction protect their service brands under Class 37. Newer platforms like Urban Company, NoBroker, and Housejoy also rely on it. They often pair it with Class 35 for marketplace services and Class 42 for in-house technology.
Key Takeaways
- Trademark Class 37 covers execution based services such as construction, repair, installation, restoration, and maintenance under the Trade Marks Act, 1999.
- Filing fees are ₹4,500 per class for individuals, DPIIT startups, and Udyam registered MSMEs, and ₹9,000 per class for companies, LLPs, and partnership firms, filed online via Form TM-A.
- Validity runs 10 years from the date of application, renewable indefinitely in 10-year blocks via Form TM-R.
- Class 37 does not cover building materials (Class 19 or Class 6), architectural design (Class 42), real estate sales (Class 36), or manufacturing of construction products (Class 40).
- Multi-class filing is standard for construction brands. Most file under Class 37, Class 19, and Class 42 together for complete protection.
- A registered Class 37 trademark is increasingly checked by PSUs and government bodies during EPC contract pre-qualification and bidding.
What is Trademark Class 37?
The registration of a trademark under Class 37 protects brands used for construction, repair, installation, restoration, and maintenance services. It covers physical work such as building, installing, repairing, and maintaining structures, machinery, and equipment.
Class 37 falls under the Nice Classification system, which the World Intellectual Property Organization (WIPO) maintains internationally. India follows this system under the Trade Marks Act, 1999.
The class differs from related services such as design, consultancy, and selling finished products. For example, a construction company and an architecture firm may work on the same building project but need different trademark classes.
Class 37 Trademark and Government Tender Eligibility
For construction, EPC, and infrastructure businesses, a registered Class 37 trademark can matter during government tender bidding and PSU vendor onboarding:
- PWD and CPWD bids: Several state tenders list trademark registration among credibility indicators during pre-qualification.
- Indian Railways, NHAI, and PSU EPC contracts: These contracts often require bidders to disclose IP holdings during technical bid evaluation.
- GeM registration: Registration for construction service categories can be smoother when applicants have proof of trademark registration linked to their brand name.
- Subcontractor disputes: Branding disputes during joint ventures can be easier to resolve when the lead contractor has a registered Class 37 mark.
Construction businesses preparing for high-value tenders should secure Class 37 registration at least 6 to 9 months before major bidding cycles. They should also factor in the standard 12 to 18 month registration timeline.
Services Covered Under Trademark Class 37
Class 37 covers a broad spectrum of execution-based services. Here’s the complete category-wise breakdown:
| Category | Services Covered |
|---|---|
| Building Construction Services | Construction of homes, commercial buildings, factories, warehouses, roads, bridges, dams, harbours, pipelines, transmission lines, shops, and exhibition stalls. Also includes construction supervision and construction consultancy. |
| Specialised On-Site Trades | Painting, plumbing, masonry, bricklaying, carpentry, plastering, roofing, scaffolding, sanding, riveting, wallpapering, varnishing, asphalting, and damp proofing services. |
| Installation Services | Installation of HVAC systems, air conditioners, heating equipment, elevators, lifts, doors, windows, electrical appliances, irrigation systems, furnaces, fire alarms, burglar alarms, kitchen equipment, telephone systems, and computer hardware. |
| Repair Services | Repair of vehicles, aircraft, machinery, computers, safes, watches, clocks, locks, power lines, musical instruments, shoes, umbrellas, clothing, and photographic equipment. Also covers restoration of artworks and rebuilding damaged engines or machines. |
| Maintenance Services | Building maintenance, machinery servicing, swimming pool maintenance, office equipment maintenance, furniture maintenance, vehicle servicing, pipeline maintenance, and preventive maintenance for residential and commercial properties. |
| Vehicle Services | Car washing, vehicle polishing, lubrication, anti-rust treatment, tyre balancing, tyre retreading, tyre vulcanisation, battery charging, vehicle servicing, and roadside breakdown assistance. |
| Cleaning and Sanitation Services | Building cleaning, street cleaning, chimney sweeping, boiler cleaning, window cleaning, dry cleaning, laundering, ironing, leather care, fur care, and rental of cleaning machines. |
| Pest Control and Disinfection | Disinfecting, rat extermination, pest control, and vermin extermination services for non-agricultural purposes. |
| Mining, Drilling, and Extraction Services | Quarrying, mining extraction, well drilling, deep oil and gas drilling, underwater repair, and underwater construction services. |
| Equipment Rental Services | Rental of cranes, bulldozers, excavators, drainage pumps, road sweepers, laundry machines, and other construction equipment. |
| Shipbuilding and Maritime Services | Shipbuilding, harbour construction, pier construction, breakwater building, and underwater marine construction services. |
| Miscellaneous Services | Knife sharpening, toner cartridge refilling, electrical interference suppression, artificial snow making, and clothing repair services. |
Services Not Included in Trademark Class 37
Some services may relate to construction but fall under different trademark classes. Their classification depends on the specific nature of the service or product.
- Architectural design, structural engineering, and urban planning: These fall under Class 42. They cover design, planning, and technical consultancy rather than physical construction work.
- Real estate sales, leasing, property management, and property valuation: These belong to Class 36. This class covers financial and real estate services.
- Building materials: Cement, bricks, tiles, sand, and concrete products fall under Class 19. This class covers physical, non-metal construction goods.
- Metal construction materials: Steel pipes, rods, beams, and metal frameworks fall under Class 6. This class covers metal goods and materials.
- Manufacturing construction products or prefabricated materials: These services belong to Class 40. Class 40 covers material treatment and industrial manufacturing services.
- Storage and warehousing: Storage of construction materials, vehicles, or goods falls under Class 39. This class covers transport and logistics services.
- Dyeing or treatment of fabrics and clothing: These services belong to Class 40. They involve material processing rather than repair services.
- Interior decoration consultancy and space design: These services fall under Class 42. They involve creative and design consultancy.
- Furniture, cabinets, fixtures, and finished furnishing products: These belong to Class 20. This class protects furniture goods rather than installation services.
If your business offers construction services and product sales, consider a multi-class trademark application. This can provide broader protection. IKEA, for example, files trademarks under Class 37 for assembly and installation services and Class 20 for furniture products.
How to Register Your Trademark in Class 37?
Registering a Class 37 trademark protects your brand in construction, repair, installation, and maintenance services. The process involves several steps, from searching your mark to receiving registration. Here’s what you need to do:
- Search first: Conduct a thorough search using the IP India Portal or the RegisterKaro Trademark Search tool.
- Draft service specifications: Clearly define your services. These may include construction, repair, installation, or maintenance services. Avoid vague terms.
- File Form TM-A: Submit the application online through the IP India Trademark Portal. Choose a single-class application if you only offer Class 37 services. Use a multi-class application if your business covers multiple classes. You receive the application number after submission.
- Pay the government fee: The fee is ₹4,500 per class for individuals, startups, and MSMEs. Companies and other entities pay ₹9,000 per class.
- Examination: The Trademark Office reviews the classification, distinctiveness, and possible conflicts. If it raises a Trademark Objection, you must reply within 30 days.
- Publication and opposition: Once cleared, the mark is published in the Trademark Journal for 4 months. During this period, third parties can file a trademark opposition.
- Registration and renewal: Once registered, the mark remains valid for 10 years from the application date, not the registration date, under Section 25 of the Trade Marks Act, 1999. Renew the trademark every 10 years. Also, monitor the market for unauthorized use.
Examination usually takes 6–12 months, depending on the Registry backlog. The full process generally takes 12–18 months if there is no opposition.
Trademark Classes Similar to Trademark Class 37
Construction and infrastructure brands often need multi-class protection. Here are the classes most frequently filed alongside Class 37:
| Class | What It Covers | Why It Matters for a Class 37 Brand |
|---|---|---|
| Class 6 | Metal building materials, including steel, pipes, and hardware | File here if you also manufacture or sell metal construction goods. |
| Class 19 | Non-metallic building materials, like cement, bricks, tiles, sand | File here if you sell construction materials alongside services. |
| Class 20 | Furniture and fixtures | File here if you supply furniture as part of fit-out work. |
| Class 35 | Retail, distribution, advertising, e-commerce | File here if you operate an online store or franchise network. |
| Class 36 | Real estate, property management, and financial services | File here if your firm handles real estate sales or property management. |
| Class 40 | Manufacturing and material treatment | File here if you also manufacture building products. |
| Class 42 | Architecture, engineering, design, and scientific services | File here if you offer design or consulting services alongside construction. |

