Trademark Class 40 in India: Industrial & Material Processing

Trademark Class 40 covers services that involve the treatment, transformation, or custom processing of materials. This includes textile finishing, metal fabrication, chemical processing, alloy treatment, and other manufacturing services. Industries such as textile mills, metal workshops, chemical plants, and specialized manufacturing units rely on these services. They support both large-scale production and custom industrial solutions.

Indian manufacturing and processing sectors compete intensely and focus heavily on exports. Trademark registration protects your industrial or manufacturing service brand from unauthorized use. It also secures legal ownership and strengthens your reputation with clients, suppliers, and business partners across India and abroad.

Many leading Indian and global companies register their industrial service brands under Class 40. Examples include:

• L&T for manufacturing services
  
• Tata Steel for metal processing
  
• Aditya Birla Group for chemical and textile processing
  
• Grasim Industries for industrial and textile treatment services

This guide explains how Trademark Class 40 can help businesses protect and grow their industrial and manufacturing service brands in India.

What is Trademark Class 40 in India?

Trademark Class 40 covers services that involve processing, treating, or transforming materials. The World Intellectual Property Organization (WIPO) manages this classification globally under the Nice system. This class includes textile finishing, metalworking, chemical processing, alloy treatment, and custom manufacturing services.

Businesses provide Class 40 services to factories, industrial units, textile mills, chemical plants, and specialized manufacturing facilities. In India, the Trade Marks Act, 1999, governs registration under Class 40. The Indian Trademark Registry examines applications based on the service type and its industrial or manufacturing purpose.

The Registry also evaluates how your service transforms or processes materials. It does not consider production scale, machinery type, output format, or location. This approach keeps processing and manufacturing services separate from consulting, logistics, or educational services, which fall under different trademark classes.

Registering a Class 40 trademark provides several benefits:

• Protects your industrial or manufacturing service brand from unauthorized use.
  
• Builds credibility with clients, suppliers, and business partners.
  
• Confirms legal ownership and strengthens enforcement rights.
  
• Prevents brand misuse and infringement.
  
• Supports licensing, service agreements, and interstate or international expansion.
  
• Creates a long-term brand asset in India’s industrial and manufacturing sector.

Note: Trademark registration under Class 40 does not replace other legal obligations. Businesses must still follow factory, GST, labor, environmental, and export regulations to operate legally in India.

Who Should Register Under Trademark Class 40?

You should register under Trademark Class 40 if your business offers services that process, treat, or transform materials. This class applies to a broad range of industrial and manufacturing service providers, including:

• Textile processing companies: Protect brand names for fabric dyeing, printing, finishing, and other textile treatments.
• Metalworking and fabrication firms: Secure trademarks for metal shaping, cutting, coating, and alloy treatment services.
• Chemical and material processors: Safeguard brands for chemical treatments, material transformations, and industrial processing services.
• Custom manufacturing units: Register trademarks for services converting raw materials into finished goods, including textiles, metals, chemicals, or specialty products.
• Export-oriented processing providers: Protect trademarks for services supplied to international markets.
• Contract and private-label processors: Secure brand protection for services performed on behalf of other companies, retailers, or institutional clients.
• Industrial collaborators and licensors: Register trademarks for co-branded services, licensing, or industrial partnerships.
• Marketing and delivery service providers: Protect your brand when promoting, distributing, or providing processing services to factories, workshops, or specialized manufacturing units.
• Specialized or artisanal processors: Register trademarks for niche, traditional, or boutique processing services, including handloom finishing, craft-based treatments, or custom manufacturing solutions.

Leading Indian and global industrial service providers, like Bharat Forge for metal processing and Century Textile, protect their brands under Trademark Class 40.

What Services are Covered Under Trademark Class 40?

Trademark Class 40 applies to services that involve processing, treating, or changing the physical condition of materials. These services support manufacturing and industrial operations. 

The table below summarizes the major service categories and examples covered under Trademark Class 40 in India:

Service Category	Examples of Covered Services
Textile Treatment Services	Fabric and yarn dyeing, bleaching, washing, finishing, printing, and textile treatment
Metalworking Services	Metal cutting, forging, machining, welding, coating, and heat treatment
Chemical Processing	Industrial chemical treatment, surface processing, material modification, and chemical handling
Contract Manufacturing	Manufacturing or processing goods for others using supplied raw materials
Surface & Material Finishing	Polishing, plating, strengthening, coating, and protective surface treatments
Industrial Processing	Conversion of raw or semi-processed materials into industrial components
Export-Focused Processing	Processing services provided for export-oriented textile or manufacturing units
Private-Label & Third-Party Processing	Processing services delivered for brands, retailers, or institutional clients
Technical & Precision Processing	Specialized industrial processing requiring technical expertise or precision
Handloom & Craft Processing	Traditional dyeing, finishing, and treatment services for handloom and artisanal textiles
Sustainable Processing Services	Eco-friendly, recycled, low-emission, and environmentally responsible processing methods
Processing of Imported Materials	Manufacturing and processing services are provided for overseas clients or markets
International Processing Services	Manufacturing and processing services provided for overseas clients or markets

Note: Trademark Class 40 protects service activities only. It does not cover ownership of finished goods. Businesses must register final products under the appropriate trademark goods class based on product type and use to get protection.

Which Services are not Included in Trademark Class 40?

Trademark Class 40 covers services related to the treatment, processing, or transformation of materials. The following related activities fall under other trademark classes and do not qualify for protection under Class 40:

• Commercial and business support services: Advertising, branding, marketing, sourcing, inventory management, and business consulting fall under Trademark Class 35. These services focus on commercial operations rather than material processing.
• Transportation and storage services: Shipping, freight forwarding, warehousing, distribution, and cargo handling fall under Class 39. These services deal with the movement and storage of goods.
• Technical, engineering, and advisory services: Engineering consultancy, industrial design, research and development, and testing services belong to Class 42. These services provide expertise instead of physical processing.
• Construction, installation, and repair work: Factory construction, machinery installation, and equipment maintenance fall under Class 37. These activities support operations but do not involve material treatment.
• Sales, retail, and wholesale activities: Selling finished or semi-finished goods counts as a commercial service. Businesses must register these activities under Class 35, not Class 40.
• Power generation and utility-related services: Electricity generation, water supply, gas distribution, and renewable energy services fall outside Class 40. Other utility-related classes cover these services. Classification may vary based on service description and Trademark Registry interpretation.
• Manufacturing software and digital production systems: Industrial automation software and production management systems do not fall under Class 40. Depending on their function, they belong to Class 9 or Class 42.
• Production of goods under your own brand: If you provide processing services, you need Class 40 registration. The products themselves must also be registered under the relevant goods classes for full protection.
• General cleaning and non-industrial sanitation services: Routine cleaning and janitorial services fall under Class 37. Only specialized industrial treatment services qualify for Class 40.

Tip: Use RegisterKaro’s Trademark Class Search Tool to identify the correct trademark class for your services. This classification tool helps avoid objections, reduces delays, and strengthens legal protection.

How to Register a Trademark Under Class 40 in India?

To register a trademark under Class 40 in India, you must follow a structured, step-by-step process. You can file the application as “proposed to be used” if your processing or manufacturing services have not started yet. You can also file as “already in use” if you currently provide material treatment or industrial services.

Follow these steps for smooth Class 40 trademark registration in India:

1. Trademark Search

Check whether your service name, logo, or brand already exists under Trademark Class 40. This step helps you avoid conflicts, objections, or rejection during examination.

Use the official IP India trademark database or take professional assistance for a comprehensive search.

Tip: Use RegisterKaro’s trademark availability check tool to verify availability for manufacturing, processing, treatment, finishing, or material transformation services.

2. Select the Right Service Description

• Clearly specify the services you want to protect. These may include metal processing, textile finishing, chemical treatment, food processing, recycling, surface coating, or custom manufacturing services.
• Precise service descriptions reduce objections and provide stronger legal protection.

3. File the Trademark Application (Form TM-A)

• Submit your application online through the IP India Trademark Portal or offline at the Trademark Registry.
• Provide your service brand name, logo (if applicable), detailed service descriptions, and applicant information.

Pay the prescribed filing fee, which is generally ₹4,500 for individuals, startups, or small enterprises and ₹9,000 for companies.

4. Examination by the Trademark Office

• The Trademark Registrar reviews your application for accuracy, similarity with existing marks, and legal compliance.
• If the Office raises concerns, it issues an Examination Report seeking clarification or changes.
• Respond within the specified timeline to prevent delays or abandonment.

5. Publication in the Trademark Journal

• After acceptance, the Trademark Office publishes your mark in the Trademark Journal.
• This publication allows third parties to file an opposition, usually within four months.

6. Registration and Issuance of Certificate

• If no trademark opposition is filed, or if all objections are resolved successfully, the Registrar grants registration.
• You receive a Trademark Registration Certificate, giving you exclusive rights over your Class 40 services.
• You may then use the ® symbol with your registered trademark.

The entire registration process usually takes 12–18 months from filing to receiving the certificate.

A registered trademark remains valid for 10 years, and trademark renewal can be done indefinitely to maintain continuous protection for your industrial or manufacturing service brand.

25,000 businesses trust RegisterKaro to avoid delays and errors. We manage everything from trademark search to registration. Protect your Class 40 service brand in India. Contact us today!

Trademark Classes Related to Class 40: Multi-Class Filings

Businesses offering industrial, manufacturing, or material treatment services often operate across more than one trademark class. Filing in related classes with Trademark Class 40 broadens brand protection and covers all service and commercial activities.

The table below shows trademark classes that often overlap with Class 40:

Related Class	Goods / Services Covered	Why It Relates to Class 40
Class 35	Advertising, business management, wholesale, retail, import, export, and distribution services	Sales, marketing, and commercial activities for processed or manufactured goods fall under Class 35
Class 37	Construction, installation, repair, and maintenance services	Plant setup, machinery installation, and industrial maintenance are separate from processing services
Class 42	Engineering services, technical consultancy, research, testing, inspection, and quality control	Technical support and R&D linked to manufacturing are classified under Class 42
Class 39	Transportation, logistics, warehousing, and storage services	Movement and storage of raw materials or finished goods do not qualify as material treatment
Relevant Goods Classes (Optional)	Finished or semi-finished goods produced through manufacturing or processing	Products sold under your own brand must be registered in their respective goods classes

Registering in these related classes alongside Class 40 ensures protection across both processing services and supporting business functions.

For example:

• Tata Steel Processing and Distribution Ltd. protects metal cutting, coating, and heat treatment services under Class 40, while registering finished steel products under the relevant goods classes.
  
• Arvind Limited registers fabric dyeing, washing, and finishing services under Class 40 and protects woven and processed fabrics under Class 24.
  
• SRF Limited covers chemical treatment and industrial processing services under Class 40 and registers its sales, export, and distribution activities under Class 35.
  
• Larsen & Toubro (L&T) files manufacturing and material processing services under Class 40 and protects engineering design, testing, and technical consultancy services under Class 42.

This multi-class approach strengthens brand ownership, reduces infringement risk, and builds consistent recognition across the industrial supply chain.

Tip: If your business combines processing services with product sales, logistics, or technical consulting, multi-class trademark registration is strongly recommended. It ensures complete legal coverage and avoids enforcement gaps in India.

Common Mistakes When Filing Under Class 40 and How to Avoid Them

Businesses often face challenges when applying under Trademark Class 40. Mistakes can slow approval or weaken brand protection. Some frequent errors include:

• Wrong Class Selection: Class 40 covers treatment, processing, and manufacturing services. Do not file industrial machinery (Class 7), raw materials (Class 1), or business consultancy (Class 35) under Class 40.
• Vague Descriptions: Terms like “manufacturing services” are too broad. Use specific descriptions such as “metal plating services,” “textile dyeing,” or “3D printing services.”
• Skipping Multi-Class Filings: Many businesses offer related services. Filing only in Class 40 may leave distribution, sales, or consulting services unprotected. Consider Class 35 (business services), Class 42 (technical services), or Class 44 (medical services) where relevant.
• Generic or Weak Names: Names like “Best Manufacturing” or “Quick Services” are hard to defend. Distinctive names like “PlatiMax Solutions” or “DyeTech Labs” strengthen legal protection.
• No Prior Search: Failing to check existing trademarks can cause conflicts or rejection. Always review similar service marks before filing.
• Ignoring Legal Compliance: Trademark protection does not replace licenses or regulatory approvals for specialized services. Ensure compliance with industry-specific laws while registering your brand.

Following these steps strengthens your brand protection. RegisterKaro assists you at every stage of Class 40 registration. From preliminary searches and proper classification to filing and certification, we simplify the process. Start today by filling out the form to safeguard your industrial service brand nationwide.

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