Trademark Class 40 in India: Material Treatment & Processing Services — Complete Filing Guide (2026)
If your business deals in material treatment & processing services, you need Trademark Class 40 registration in India to protect your brand legally. This guide covers the exact goods covered, which Indian industries must file under Class 40, how to search for existing marks, how to file the application, the fees, and key mistakes to avoid.
What Does Trademark Class 40 Cover? Official IP India Definition
India uses the Nice Classification (NCL) 11th Edition — an international system classifying all goods and services into 45 classes. IP India assigns every trademark to one or more of these classes during examination.
Trademark Class 40 officially covers:
This is a Services class (Classes 35–45 cover services; Classes 1–34 cover physical goods).
Which Indian Businesses Need Class 40 Trademark Registration?
The following industries and business types must file under Trademark Class 40 in India to protect their brand names:
- Metal treatment services
- custom fabrication companies
- heat treatment plants
- plating and finishing businesses
- steel processing units
- textile dyeing services
- wood treatment companies
India's manufacturing sector has a vast network of job work, custom fabrication, and material treatment businesses. These service brands — particularly in steel processing hubs like Pune, Ahmedabad, and Ludhiana, or textile treatment clusters like Tiruppur — need trademark protection to differentiate their quality brands from commodity service providers.
Types of Brand Names Registered Under Class 40
Here are the types of trademarks that are typically filed and registered under Class 40 in India:
- Metal plating service brand names
- heat treatment company trademarks
- custom fabrication brand names
- textile dyeing service marks
- finishing service brands
When searching the IP India portal for Class 40, you will find both active (Registered, Objected) and inactive (Abandoned, Removed) marks. Only active marks can create conflicts with your proposed brand name.
Critical Classification Tip for Class 40
Class 40 covers material treatment as a service (e.g., 'we treat your metal'). If you manufacture and sell finished goods, the product trademark should be in the goods class (1–34), not Class 40.
How to Search Trademarks in Class 40 on IP India
- Go to ipindiaonline.gov.in → Trademark → Public Search
- For text brand names: select Wordmark Search
- For logos: select Vienna Code Search
- In the Class field, select Class 40
- Enter your proposed brand name and click Search
- Review all results including phonetically or visually similar marks
- Also search in related classes: Class 6 (metal goods), Class 7 (industrial machines for material treatment), Class 37 (repair/maintenance services), Class 42 (technical testing/quality control services)
- Export/screenshot the results with timestamp for your records
How to File a Class 40 Trademark Application in India
Verify that your specific goods/services match the official Class 40 definition. Misclassification leads to rejection or inadequate protection.
Search IP India database for Class 40 conflicts. Also search related classes listed above.
Compile: PAN, business registration, Udyam certificate (MSME), mark/logo file, Power of Attorney.
Submit on IP India portal. Pay ₹4,500 (MSME/individual) or ₹9,000 (company) for Class 40. ™ usable from filing date.
Track status on IP India using application number. Examination Report expected in 3–6 months.
If objection raised, file detailed reply within 30 days. Attorney assistance strongly recommended.
After Journal publication (4-month opposition window), registration certificate issued. ® symbol permitted.
Official Fees for Class 40 Trademark Registration (2026)
| Applicant Category | Online Fee (per class) | Offline Fee (per class) |
|---|---|---|
| Individual / Sole Proprietor | ₹4,500 | ₹5,000 |
| MSME (Udyam Registered) | ₹4,500 | ₹5,000 |
| DPIIT-Recognised Startup | ₹4,500 | ₹5,000 |
| Company / LLP / Partnership | ₹9,000 | ₹10,000 |
| Renewal of Class 40 Mark | ₹9,000 | ₹10,000 |
| Expedited Examination | ₹20,000 (MSME) / ₹40,000 (others) | N/A |
Related Trademark Classes to File Alongside Class 40
Many businesses in the Class 40 sector also need to register in related classes to get complete brand protection. Consider filing in:
Class 6 (metal goods), Class 7 (industrial machines for material treatment), Class 37 (repair/maintenance services), Class 42 (technical testing/quality control services)
Filing in all applicable classes simultaneously is more cost-effective than filing additional applications later. Discuss your full product/service scope with a trademark attorney before filing.
Frequently Asked Questions — Trademark Class 40 India
What is the difference between Class 40 and adjacent classes?
Class 40 specifically covers: treatment of materials; services for treating materials including forging, milling, finishing, sharpening, machining, and manufacturing to order of materials based on customer specifications. Adjacent classes cover related but distinct categories — Class 6 (metal goods), Class 7 (industrial machines for material treatment), Class 37 (repair/maintenance services), Class 42 (technical testing/quality control services). If your business spans both, file in all applicable classes.
How long does it take to register a Class 40 trademark in India?
Approximately 18–24 months for a smooth application. Expedited examination (additional ₹20,000–40,000 fee) can fast-track the examination stage to 30 working days. You can use the ™ symbol from the date of filing regardless of registration status.
Can I file a Class 40 trademark online in India?
Yes. 100% of the trademark application process is done online via ipindiaonline.gov.in. Online filing is mandatory for most applicants and also gives you the lower fee rate (₹4,500 vs ₹5,000 for MSME/individuals).
Do I need to file Class 40 and other classes separately?
Yes. Each trademark class requires a separate government fee. However, you can include multiple classes in a single Form TM-A application (multi-class application). You pay the fee for each class individually within that single application form.
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