What Is Nice Class 40?
Nice Class 40 is the trademark classification for the treatment and transformation of materials performed as a service for others. It covers custom and contract manufacturing, printing services, recycling and waste treatment, metal and material processing, textile treatment and dyeing, food and drink preservation, energy production, and 3D printing. It is the "made to order" or "processing" class — the service of turning materials or inputs into something else on behalf of a customer.
The defining principle, and the source of most confusion, is that Class 40 covers doing the work for someone else, not selling the resulting goods as your own product. If you manufacture or print items for clients, that service is Class 40. If you make and sell your own branded goods, those goods go in their relevant product class. The same factory can implicate Class 40 (contract work) and a goods class (own-brand products).
What Class 40 Covers
- Custom and contract manufacturing for others
- Printing services, including custom and 3D printing
- Recycling, waste treatment, and material recovery
- Metalworking, machining, and material processing
- Textile treatment, dyeing, and finishing
- Food and drink preservation and processing for others
- Energy production and electricity generation
- Engraving, framing, and material finishing services
Exclusions: the finished goods you sell under your own brand go in their product class (clothing in 25, printed matter in 16, and so on); repair and installation are Class 37; and design and engineering are Class 42. A print-on-demand company illustrates the split — the printing service is Class 40, the blank apparel it prints on is a goods class, and the online ordering platform may be Class 35 or Class 42.
Boundary note: Print-on-demand and custom manufacturing are the modern face of Class 40. The act of printing or making the item to a customer's order is Class 40. If the company also sells its own designed products, those goods need their relevant product class too. Filing only one side leaves a gap.
The Service-Versus-Goods Distinction
Class 40 is one of the clearest illustrations of the goods-versus-services principle that runs through the whole Nice system. Manufacturing as a service — making things for others — is Class 40. Manufacturing your own products to sell is captured by the class of those products. A contract electronics manufacturer provides a Class 40 service; an electronics brand selling its own devices files in Class 9. Many businesses do both, and need both. The printed-goods side connects to our Class 16 guide, and the ordering and retail side to our Class 35 guide.
Emerging Areas: 3D Printing, Recycling, Energy
Class 40 has gained prominence as several modern industries have grown. 3D printing and additive manufacturing as a service fall squarely here. Recycling and circular-economy processing — turning waste into reusable material for clients — is a fast-growing Class 40 category driven by sustainability demand. And energy generation, including renewable-energy production, is classified in Class 40. These newer categories have brought a wave of fresh filings to what was once a quiet industrial class.
Common Filing Mistakes
- Filing own-brand goods in Class 40: products you sell go in their goods class, not Class 40.
- Confusing manufacturing with design: design and engineering are Class 42.
- Missing the goods class: a maker that also sells its own products needs that product class too.
- Vague service descriptions: specify the treatment or manufacturing service precisely.
Frequently Asked Questions
Is manufacturing in Class 40?
Manufacturing as a service for others — contract or custom manufacturing — is in Class 40. But making your own branded products to sell is captured by the class of those products, not Class 40. A contract manufacturer files Class 40; a company selling its own goods files in the relevant goods class, and a business doing both needs both.
What class is custom printing or print-on-demand in?
The printing service itself — including 3D printing and print-on-demand production — is in Class 40. The blank goods being printed are in their product class, and the online ordering or retail platform may be Class 35 or Class 42. Print-on-demand brands typically file across these classes.
Is recycling in Class 40?
Yes. Recycling, waste treatment, and material recovery performed as a service are in Class 40, alongside other material-treatment services. It is one of the fastest-growing categories in the class as circular-economy and sustainability businesses expand.
What's the difference between Class 40 and Class 42?
Class 40 covers the physical treatment and transformation of materials — manufacturing, printing, processing. Class 42 covers design, engineering, and software services. A company that designs a product (Class 42) and manufactures it for clients (Class 40) needs both classes.
Search Class 40 Before You File
Manufacturing, printing, and processing service names overlap with goods and design classes, so clearance should span Class 40 and its neighbors. Use tmarkmetric to browse registered Class 40 trademarks, see which names are taken, and search the broader registry before you commit. Decide whether you need the goods class alongside the service class up front.