Class 40

Treatment of materials.

Explanatory Note

Class 40 includes mainly services not included in other classes, rendered by the

mechanical or chemical processing or transformation of objects or inorganic or organic substances.

For the purposes of classification, the mark is considered a service mark only in cases

where processing or transformation is effected for the account of another person. A mark is considered a trade mark in all cases where the substance or object is marketed by the person who processed or transformed it.

This Class includes, in particular:

– services relating to transformation of an object or substance and any process

involving a change in its essential properties (for example, dyeing a garment);

consequently, a maintenance service, although usually in Class 37, is included in

Class 40 if it entails such a change (for example, the chroming of motor vehicle

bumpers);

– services of material treatment which may be present during the production of any

substance or object other than a building; for example, services which involve

cutting, shaping, polishing by abrasion or metal coating.

This Class does not include, in particular:

– repair services (Cl. 37).