You can find the USPTO’s publication of the Nice Agreement Tenth Edition from the USPTO website here: http://www.uspto.gov/trademark/trademark-updates-and-announcements/nice-agreement-tenth-edition-general-remarks-class

Goods or Services

Class 40 covers services, not goods.

Class 40 Official Nice Description

“Treatment of materials.”

Brief Explanation

International Class 40 mainly includes 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.

Nice Agreement Examples

International Class 40 includes 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).

International Class 40 also includes 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.

International Class 40 does not include repair services (Class 37).

Examples of Class 40 Registered Trademark

  • Mark Name: R ROCKTENN Image Mark

An image trademark registered by Rock-Tenn Shared Services, LLC., for digital pre-press services, namely, electronic imaging, scanning, typesetting, digitizing, alteration and retouching of artwork, images, text and graphic designs; digital printing services; custom manufacture of retail and advertising displays.

Serial Number: 77527210 Registration Number: 3734908

  • Mark Name: TIFFANY & CO

A trademark registered by Tiffany (NJ), LLC., for engraving services; custom imprinting and engraving of stationery.

Serial Number: 85569721 Registration Number: 4315904

  • Mark Name: THRIVE HOME FURNISHINGS Image Mark

An image trademark registered by Versa Products, Inc., for manufacture of furniture to order and/or specification of others.

Serial Number: 85519712 Registration Number: 4216939