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).