Trademark Class 37: Building, Construction and Repair Services

“Your brand is your blueprint; protect it before someone else builds on it.” In industries like construction, repair, and maintenance, your reputation isn’t just about the work you do; it’s about the trust customers place in your name. This is where Trademark Class 37 comes in, safeguarding service-based brands that execute, repair, and maintain critical infrastructure.

Without trademark protection, someone could easily copy your branding or take advantage of your hard-earned reputation. By registering under Class 37, you secure your brand’s identity and prevent imitators. In this guide, we’ll show you how to protect your business and maintain its unique presence in the market.

What is Trademark Class 37?

Trademark Class 37 applies to execution-based services related to construction, repair, and installation. These services play a crucial role in businesses focused on infrastructure development and maintenance.

This class falls under the NICE Classification system, managed by the World Intellectual Property Organization (WIPO). It categorizes goods and services into 45 distinct classes for easier and more organized trademark registration.  It also allows businesses to select from different types of trademarks, such as word marks, logos, or slogans, based on how they want to protect their brand. By assigning execution-based services to Class 37, the NICE system clearly separates them from design, consultancy, and product-focused activities.

Registering under Class 37 enables businesses in construction and maintenance to gain legal protection. This ensures their services are safeguarded from imitation or unauthorized use, helping companies secure their brand identity.

Registering your trademark under Class 37 offers several key benefits, including:

1. Legal Protection: Registering your trademark ensures legal protection for your services. 
2. Exclusive Rights: You gain exclusive rights to your brand. 
3. Builds Trust and Recognition: Trademark registration builds trust. 
4. Avoids Legal Conflicts: A registered trademark helps you avoid legal disputes. 
5. Enhances Market Value: Trademark registration increases your brand’s value.

In short, Class 37 trademark registration strengthens your brand, providing legal protection and exclusive rights in construction and maintenance services. 

Who Can File for Trademark Class 37?

Any business that provides services related to construction, repair, or maintenance can file for trademark registration under Class 37. These include:

• Construction companies: Those involved in building residential, commercial, or industrial structures.
• Repair service providers: Businesses offering repair and restoration services for buildings, machinery, or equipment.
• Installation service companies: Companies providing installation of essential systems like plumbing, electrical, and heating.
• Maintenance service providers: Businesses focusing on the upkeep of buildings and other infrastructure.
• Specialized construction service businesses: Includes execution-based services like shipbuilding and the construction and demolition of specialized structures.

Filing for trademark protection under Class 37 ensures that these businesses can safeguard their services and prevent unauthorized use of their brand.

What Services Does Trademark Class 37 Cover?

Trademark Class 37 includes a broad range of services and focuses on on-site, practical work rather than planning or design activities. Below is a detailed breakdown of what Class 37 includes:

Category	Description
Building Construction	Businesses handle the construction of residential, commercial, and industrial buildings, as well as infrastructure projects like roads, bridges, and dams.
Specialized Construction Services	Professionals perform on-site tasks, such as painting, plumbing, HVAC installation, roofing, masonry, and carpentry.
Installation Services	Installation of systems and equipment, including electrical wiring, plumbing systems, heating and cooling systems, elevators, solar panels, and fire safety installations.
Shipbuilding and Maritime Construction	Companies build and repair ships and other maritime vessels, involving physical construction or restoration work.
Repair Services	Businesses restore objects, machinery, or buildings to their original condition after damage or wear.
General Repair Services	Companies repair electrical systems, furniture, instruments, tools, and other tangible items through physical repair work.
Maintenance Services	Businesses provide ongoing services to maintain objects in their original condition, ensuring no changes to their properties.

By registering under trademark Class 37, businesses in the above categories can avoid trademark infringement and objections, ensuring they retain exclusive rights to their services. 

Need help with registering your Class 37 trademark or navigating the process? Contact RegisterKaro for expert support and trademark registration services. Ensure your trademark class for building and construction is properly protected under Trademark law today! 

Services Not Included in Trademark Class 37

Some services, despite being related to construction or similar sectors, fall under different trademark classes due to their specific nature. These services do not involve physical execution or are classified based on their intellectual, advisory, or product-based nature. These include: 

1. Design and Architectural Services: Architectural design and urban planning services focus on the design and planning phases. These services fall under Class 42, which includes scientific and technological services, such as engineering and design.
2. Real Estate Services: Services such as real estate sales, leasing, and management are excluded from Class 37. These fall under Class 36 (financial and real estate services).
3. Goods and Products: Construction-related products like building materials (e.g., cement, bricks, tiles) are not covered by Class 37. These are typically classified under Class 19 (building materials) or Class 6 (metal construction materials).
4. Manufacturing Services: Product manufacturing services, including factory production, do not fall under Class 37. These are generally classified under Class 40 (services for transforming materials or producing goods).

If you know what Class 37 excludes, you can file it correctly on the first try itself. Use RegisterKaro’s free trademark class search tool to identify the right class for your products.

How to Register Your Trademark in Class 37?

Registering your trademark in Class 37 is an essential step to protect your construction, repair, and installation services. Follow these steps to ensure your trademark is properly filed and legally protected under trademark law.

Step 1: Conduct a Trademark Search for Class 37

Before registering a trademark, you must ensure it’s unique and available. Conducting a trademark search is essential to avoid conflicts with existing trademarks. This step helps prevent trademark objections and rejections during the application process under Section 11 of the Trade Marks Act.

Use RegisterKaro’s trademark name availability search tool to check for any similar marks in your industry. Search both word marks and device marks, and also check for phonetic similarities, as similar-sounding names often lead to objections in India.

Focus on existing trademarks registered for identical or closely related Class 37 services, like construction, renovation, installation, or repair. If your search identifies any conflicts, consider revising your brand name or consulting a trademark attorney for alternatives. Thoroughly search across all possible trademark types to safeguard your business.

Step 2: Prepare and File Your Trademark Application

After confirming that your trademark is free from conflicts, proceed with filing for Class 37 of the trademark. The application must clearly describe the exact services you wish to protect.

Prepare all required documents, such as:

• Applicant details (name, address, nationality)
• Logo or wordmark (JPEG format)
• Proof of use (if applicable)
• Class of Goods or Services (based on the Nice Classification)

You can file your trademark via Form TM-A even if your construction or installation services are not yet in operation, using a “proposed to be used” basis.

File your application online using the IP India Trademark E-Filing Portal. For Class 37, the registration fee is ₹4,500 for individuals or small enterprises and ₹9,000 for other applicants. 

Step 3: Examination of Your Trademark

Once you file your application, a trademark examiner reviews it for legal compliance under trademark law. The examiner checks if your trademark is distinctive and not too similar to existing marks. If there are any objections, respond within the prescribed time limit (generally 30 days) to avoid application abandonment.

Step 4: Trademark Publication and Opposition Period

After passing the examination, your trademark is published in the Trademark Journal. This gives third parties a chance to oppose your application. The opposition period lasts for four months. If no one opposes your application, the process moves forward to registration.

Step 5: Final Registration and Protection

If no opposition is filed, the Indian Trade Marks Registry will officially register your trademark. You’ll receive exclusive rights over your mark and can use the ® symbol to show legal protection. Your trademark is valid for 10 years, after which trademark renewal is required to maintain its protection.

Trademark Classes Similar to Trademark Class 37

Although registering a trademark under Class 37 offers your service brand legal recognition and exclusivity, some similar services fall under different trademark classes. For example:

• Class 19: Covers non-metallic building materials like bricks, tiles, and cement. While Class 37 protects the physical construction services, Class 19 focuses on the materials used in those services.
• Class 6: Includes metal building materials such as steel pipes and construction hardware. These are categorized separately, as they relate to the raw materials rather than the construction process.
• Class 20: Covers furniture and fixtures. Although these items are often part of a construction project, Trademark Class 20 protects finished products, not the construction services.

These differences underscore the importance of multi-class filings for businesses offering both services and products.

Multi-class filings allow businesses to gain comprehensive protection, ensuring that both services and products are covered. IKEA exemplifies this approach, filing trademarks under Class 37 for installation services and Class 20 for furniture.

Final Note

To sum up, registering a trademark under Class 37 ensures protection for businesses involved in construction, repair, and installation services. It helps safeguard your brand from imitation, providing exclusive rights and legal protection.

By registering, you build trust with customers, avoid potential legal conflicts, and enhance your market value.

RegisterKaro protects your services by registering your trademark under Class 37, ensuring legal recognition and security for your business. Our experienced team has guided numerous clients through the trademark process, efficiently handling challenges and securing effective protection.

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