Trademark class 29 to 45- detailed classification of Trademark

Narendra Kumar

24 May, 2019

Trademark class characterizes the goods and services in different classes to make it easy for the applicant to choose under which category he falls. After the selection of a category, the applicant will pay the separate fee for each class of goods and services.

Classification of Goods

Trademark Class 29

Trademark class 29 includes meat, fish, game and poultry, meat extracts, preserved, frozen, dried and cooked fruits and vegetables. Furthermore, it includes jams, oils, and fats for food, compotes, eggs and milk products.

Also, Trademark class 29 includes mainly foodstuffs of animal origin as well as vegetables and other horticultural comestible products which are prepared for consumption or conservation.

Trademark class 29 includes-

• milk beverages
• seeds prepared for human consumption not being seasoning or flavouring

This Class does not include-

• certain foodstuff or plant origin
• baby food
• dietetic food and substances adapted for medical use
• dietary supplements
• processed seeds for use as a seasoning
• salad dressing
• fertilized eggs for hatching
• foodstuffs for animals
• live animals
• seeds for planting

Trademark Class 30

Trademark class 30 includes the product like coffee, tea, cocoa, and artificial coffee, rice tapioca, and sago, flour, and preparations made from cereals. Furthermore, it includes bread, pastries, and confectionery, edible ices, sugar and honey, treacle, baking powder, salt, mustard, spices ice etc.

Trademark class 30 includes-

• The foodstuff of plant origin prepared for consumption or conservation as well as auxiliaries intended for the improvement of the flavour of food.
• Beverages with coffee, cocoa, tea base or chocolate
• Cereals prepared for human consumption for ex- oat flakes ad those made of other cereals

Trademark class does not include–

• Certain foodstuffs of plant origin
• Salt for preservations other than for foodstuff
• Medical teas ad dietetic foods and substances adapted for medical use
• Baby food
• Dietary supplements
• Yeast for pharmaceutical purposes
• Raw cereals
• Foodstuffs for animals

Trademark class 31

It includes raw and unprocessed agricultural, aquacultural, horticulture and forestry products. It also includes Raw and unprocessed grains and seeds, fruits and vegetables, fresh herbs, natural plants and flowers, bulbs, seeding and seeds for planning, live animals, foodstuff and beverages for animal or malt.

Trademark class 31 includes – 

• Plant reside
• Unprocessed algae
• Unsown timber
• Fresh mushrooms and truffles
• Fertilized eggs for hatching
• Litter for animals for example- aromatic sand, sanded paper for pets
• Unprocessed cereals

Trademark class 31 doesn’t include-

• Cultures of microorganism and leeches for medical purpose
• Dietary supplements for animals and medicated animal feed
• Semi – worked woods
• Artificial fishing bait
• Rice
• Tobacco

Trademark class 32

The class includes beer, aerated water, and other non- alcoholic or mineral. In addition fruit beverages and fruit juices; syrups and other preparations for making beverages are also included.

Trademark class 32 includes-

• Non-alcoholic beverages, as well as beer.
• De – alcoholic beverages.

This Class does not include: –

• beverages for medical purposes (Cl. 5); –
• milk beverages (milk predominating) (Cl. 29); –
• beverages with coffee, cocoa, chocolate or tea base (Cl. 30)

Trademark class 33  

It includes alcoholic beverages (except beers).

This Class does not include, in particular: –

• medicinal beverages (Cl. 5); –
• De-alcoholized beverages (Cl. 32).

Trademark class 33 includes

Trademark Class 34          

It includes the following tobacco, smokers, articles, and matches. Furthermore, it also adds tobacco substitutes.

Trademark class 34 doesn’t include–

• Cigarettes without tobacco for medical purpose

Trademark class 34 includes-

 Classification of Services

Trademark class 35

It includes advertising, business management, business administration, and office functions. Furthermore, it also includes the services rendered by a person or organization principally with the object. It also helps in the management of the business affairs or commercial functions of an industrial or commercial enterprise.

As well as services rendered by advertising establishments’ primarily undertaking communications to the public, declarations or announcement by all the means of diffusion and concerning all kinds of goods or services.

Trademark Class 35 includes,

• the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods; wholesale outlets, such services may be provided by retail stores, mail order catalogues or by means of electronic media through vending machines, for example, through websites or television shopping programmer;-
• services consisting of the registration, transcription, composition, compilation or systematization of written communications and registrations, and also the compilation of mathematical or statistical data; –
• Services of advertising agencies and services such as the distribution of prospectuses, directly or through the post, or the distribution of samples. This Class may refer to advertising in connection with other services, such as those concerning bank loans or advertising by radio.

This Class does not include, in particular: –

• Services such as evaluations and reports of engineers which do not directly refer to the working or management of affairs in a commercial or industrial enterprise.

Trademark Class 36

The class includes the Insurance; financial affairs; monetary affairs and real estate affairs. It further involves services rendered in financial and monetary affairs and services rendered in relation to insurance contracts of all kinds.

Trademark class 36 includes–

• services relating to financial or monetary affairs comprise the following: services of all the banking establishments, or institutions connected with them such as exchange brokers or clearing services; services of credit institutions other than banks such as co-operative credit associations, individual financial companies, lenders, etc.;
• “investment trusts,” of holding companies; services of brokers dealing in shares and property; services connected with monetary affairs vouched for by trustees;
• connection with the issue of travellers’ cheques and letters of credit; – hire- or lease-purchase financing; –
• realty administrators of buildings, i.e., services of letting or valuation, or financing; –
• Services dealing with insurance such as services rendered by agents or brokers engaged in insurance, services rendered to insured, and insurance underwriting services.

Trademark class 37

It mainly includes services rendered by contractors or subcontractors in the construction or making of permanent buildings, as well as services rendered by persons or organizations engaged in the restoration of objects to their original condition or in their preservation without altering their physical or chemical properties.

Trademark class 37 includes-

• 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; –
• auxiliary to construction services like inspections of construction plans; –
• Services of shipbuilding,
• consisting of the hiring of tools or building materials; –
• Repair services, i.e., 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, etc.; –
• Maintenance for preserving an object in its original condition without changing any of its properties (for the difference between this Class and Cl. 40 see the Explanatory Note of Cl. 40).

Trademark class doesn’t include-

• Storage of goods such as clothes or vehicles
• Dyeing of cloths or clothes

Trademark class 38

This class mainly involves Telecommunication. And, coming to its detail explanatory note

Trademark class 38 includes–

• The communication that includes one person to talk to another
• Transmit message from one person to another and
• Place a person in oral or visual communication with another
• Services that include essentiality of the diffusion of radio or television programmes

The Trademark class 38 doesn’t include-

• Ratio advertising services
• Telephone marketing services

Trademark class 39

The class includes services like transporting, packaging, storing of goods or travelling arrangement. Furthermore, it includes transport of people, animals or goods from one place to another and services necessarily connected with such transport as well as services relating to the storing of goods in a warehouse or other building for their preservations or guarding.

Trademark class 39 includes-

• services rendered by companies exploiting stations, bridges, railroad ferries, etc., used by the transporter; –
• connected with the hiring of transport vehicles; –
• services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes; –
• or connected with the packaging and parcelling of goods before dispatch; –
• services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport; –
• Services that related to the inspection of vehicles or goods before transport.

This class doesn’t include –

• services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Cl. 35); –
• or any service relating to the issuing of travellers’ cheques or letters of credit by brokers or travel agents (Cl. 36); –
• services relating to insurances (commercial, fire or life) during the transport of persons or goods (Cl. 36); –
• or any services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Cl. 37); –
• and services relating to reservation of rooms in a hotel by travel agents or brokers

Trademark class 40

This Trademark Class 40 includes mainly services not included in other classes, rendered by mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services. For the purposes of classification, the production or manufacturing of goods is considered a service only in cases where it is affected for the account of another person to their order and specification.

If the production or manufacturing is not being performed to fulfil an order for goods which meet the customer’s particular needs, requirements, or specifications, then it is generally ancillary to the maker’s primary commercial activity or goods in trade. If the substance or object is marketed to third parties by the person who processed, transformed or produced it, then this would generally not be considered a service.

Trademark class 40 includes-

• Services that relate to the transformation of an object or substances and any process involving a change in its essential properties.
• Material treatment which may be present during the production of any substance or object other than a building like cutting, shaping, polishing by abrasion or metal coating
• The custom of manufacturing of goods to the order and specification of others

This Trademark class 40 doesn’t include-

• Repair services
• Certain customization services for example- a custom painting of automobiles

Trademark class 41

It includes education, providing training, entertainment, sporting, and cultural activities. Furthermore, this class includes services that are rendered by persons or institution in the development of the mental faculties of persons or animals as well as services intended to entertain or to engage the attention.

Trademark class 41 includes-

• any services consisting of all forms of education of persons or training of animals
• any services having the basic aim of the entertainment, amusement or recreation of people
• Presentation of works of visual art or literature to the public for cultural or educational purpose.

Trademark class 42

It includes scientific and technological services and research and design relating thereto. Furthermore, it includes industrial analysis and research services; design and development of computer hardware and software.

Trademark class 42 includes-

Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer programmers, etc.

• the services of engineers and scientists who undertake evaluations, estimates, research and reports in the scientific and technological fields (including technological consultancy);
• computer and technology services for securing computer data and personal and financial information and for the detection of unauthorized access to data and information; –
• Scientific research services for medical purposes.

This Class does not include, in particular: –

• business research and evaluations (Cl. 35); –
• word processing and computer file management services (Cl. 35); –
• financial and fiscal evaluations (Cl. 36); –
• mining and oil extraction (Cl. 37); – computer (hardware) installation and repair services (Cl. 37);
• services provided by the members of professions such as medical doctors, veterinary surgeons, psychoanalysts (Cl. 44); –
• medical treatment services (Cl. 44); –
• garden design (Cl. 44); –
• legal services (Cl. 45)

Trademark class 43

The trademark class 43 includes services like providing food and drink or temporary accommodation.

Trademark class 43 includes-

Class 43 includes mainly services provided by persons or establishments whose aim is to prepare food and drink for consumption and services provided to obtain bed and board in hotels, boarding houses or other establishments providing temporary accommodation.

• Reservation services for travellers’ accommodation, particularly through travel agencies or brokers; – boarding for animals.

This Class does not include-

• Rental services for real estate such as houses, flats, etc., for permanent use (Cl. 36); –
• Arranging travel by tourist agencies (Cl. 39); –
• Preservation services for food and drink (Cl. 40); –
• Discotheque services (Cl. 41); – boarding schools (Cl. 41); –
• Rest and convalescent homes (Cl. 44).

Trademark class 44

It includes medical services, veterinary services, hygienic and beauty care for human being or animals. In addition to that agriculture, horticulture and forestry service are some of the services included in it. Thus, class 44 includes mainly medical care, hygienic and beauty care is given by persons or establishments to human beings and animals; it also includes services relating to the fields of agriculture, horticulture, and forestry.

Trademark class 44 includes-

• medical analysis services relating to the treatment of persons (such as x-ray examinations and taking of blood samples); –
• artificial insemination services; –
• pharmacy advice; –
• animal breeding; –
• services relating to the growing of plants such as gardening;
• services relating to floral art such as floral compositions as well as garden design

This class 44 doesn’t include-

• vermin exterminating (other than for agriculture, aquaculture, horticulture, and forestry) (Cl. 37);
• installation and repair services for irrigation systems (Cl. 37); –
• ambulance transport (Cl. 39); –
• animal slaughtering services and taxidermy (Cl. 40); –
• timber felling and processing (Cl. 40); –
• animal training services (Cl. 41); –
• health clubs for physical exercise (Cl. 41); –
• scientific research services for medical purposes (Cl. 42); –
• boarding for animals (Cl. 43); –
• retirement homes (Cl. 43)

Trademark class 45

It includes services like legal services, security services for the physical protection of tangible property and individuals, personal and social services rendered by others to meet the needs of individuals.

Trademark class 45 includes-

• Services rendered by lawyers, legal assistants, and personal advocates, to individuals, groups of individuals, organizations, and enterprises;
• investigation and surveillance services relating to the physical safety of persons and security of tangible property;
• individuals in relation to social events, such as social escort services, matrimonial agencies, funeral services.

This Class does not include,

• professional services giving direct aid in the operations or functions of a commercial undertaking (Cl. 35); –
• services relating to financial or monetary affairs and services dealing with insurance (Cl. 36);
• escorting of travellers (Cl. 39); –
• security transport (Cl. 39); –
• services consisting of all forms of education of persons (Cl. 41); –
• performances of singers or dancers (Cl. 41); –
• computer programming services for the protection of software (Cl. 42); –
• computer and internet security consultancy and data encryption services (Cl. 42); –
• services provided by others to give medical, hygienic or beauty care for human beings or animals (Cl. 44); –
• certain rental services (consult the Alphabetical List of Services and General Remark (b) relating to the classification of services

Conclusion –

We have tried to explain to you all about the Trademark class 29 to 35. To know more about other trademark classes, read our blog on Trademark class 1 to Trademark class 5, Trademark class 6 to trademark class 11, Trademark class 12 to 20, Trademark class 21 to 28.