Trademark Class 40: Treatment & Processing of Materials
Class 40 covers treatment of materials — custom manufacturing, printing, textile processing, recycling, food processing and energy generation done to another party's order. If you make and sell your own branded product, that is the goods class, not Class 40.
What Class 40 covers
India follows the NICE Classification (11th edition) — 45 classes in total, 34 for goods and 11 for services. Class 40 sits in the services group. Your trademark is only protected for the goods or services listed in the class you file, which is why picking Class 40 correctly matters more than the logo itself.
- Custom and contract manufacturing
- Printing and 3D printing services
- Textile dyeing, tailoring and processing
- Metal treatment, welding and fabrication
- Recycling and waste treatment
- Food and beverage processing services
What Class 40 does NOT cover
| Frequently confused item | Correct class |
|---|---|
| The finished branded goods | Class of the goods |
| Building construction | Class 37 |
| Packaging and storage of goods | Class 39 |
| Design services | Class 42 |
Examples of goods/services in Class 40
Who files in Class 40
- Contract manufacturers
- Printing companies
- Textile processors
- Recycling startups
- Job-work units
Class 40 government fees
| Applicant type | e-Filing fee | Physical filing | Note |
|---|---|---|---|
| Individual / Sole Proprietor | ₹4,500 per class | ₹5,000 per class | e-filing is cheaper — always file online |
| Startup (DPIIT recognised) | ₹4,500 per class | ₹5,000 per class | DPIIT certificate must be attached |
| MSME (Udyam registered) | ₹4,500 per class | ₹5,000 per class | Udyam certificate must be attached |
| Company / LLP / Partnership (non-MSME) | ₹9,000 per class | ₹10,000 per class | Register under Udyam first and save 50% |
Taxpex professional fee for a Class 40 filing starts at ₹1,999 and includes a clearance search, TM-48 drafting, filing and objection tracking until registration.
Class 40 filing timeline
| Stage | Typical time | What happens |
|---|---|---|
| Search & class confirmation | Same day | We run a Class 40 search on the IP India database |
| Filing (TM-A) | 24-48 hours | Application number issued — ™ can be used immediately |
| Examination report | 3-8 months | Registry raises objections under Section 9/11 if any |
| Objection reply / hearing | 1-4 months | We draft and file the reply, appear at hearings |
| Journal publication | 2-4 months | 4-month opposition window opens |
| Registration certificate | 8-18 months total | ® symbol can be used, valid 10 years |
Protect your brand in Class 40
Free class check · ™ in 24-48 hours · CA & IP-attorney led.
Classes usually filed with Class 40
Class 40 (Treatment & Processing of Materials) — questions answered
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Content refreshed against the latest CBIC / CBDT / MCA notifications and portal changes.
Chartered Accountant · ICAI Member · 12+ years in Indian tax & compliance
- 15 September 2026Reviewed rates, forms and portal workflow for Trademark Class 40. Verified against latest CBIC/CBDT notifications.
- 10 January 2026Refreshed FAQ set, added new penalty examples and jurisdiction notes.
- 05 October 2025Structural rewrite for EEAT — added expert commentary, playbooks and process timeline.