Trademark Class 40: Treatment of materials — What It Covers, With a Live Count
Short answer
Trademark class 40 covers treatment of materials, custom manufacturing, recycling, printing, and energy generation. It is a services class, and as of September 14, 2026 it holds 24,038 live US marks, 0.5% of the register, ranking 37 of 45 by size. A registration in class 40 protects the name only for these services; the same name can be, and often is, registered by an unrelated business in another class.
Class 40 is a small class, with 24,038 live marks out of 4,796,936 across all 45 classes. A live mark is one that is registered or pending; the count is computed from USPTO bulk data by each mark's primary class and refreshed daily.
Class 40 is making or transforming something for someone else. A print shop that prints your design is 40; a company selling its own printed notebooks is 16; the designer is 42. Print-on-demand merchandise services are 40, which catches creator-economy brands. Generating power is 40; distributing it is 39; the electricity as a commodity is 4.
What files in class 40
| Typically in class 40 | Examples of businesses |
|---|---|
| custom manufacturing and 3D printing services | contract manufacturers |
| printing services | print shops |
| recycling and waste treatment | recycling companies |
| metal fabrication and machining services | fabrication shops |
| textile treatment and dyeing | energy producers |
| food and drink processing for others | custom apparel printers |
| energy generation | |
| tailoring and custom clothing manufacture | |
| engraving and laser cutting |
The USPTO's ID Manual lists the accepted descriptions for class 40. Choosing one of them keeps the filing fee at $350 per class; a custom description costs $550. See what a trademark costs.
What is not in class 40
| Looks like class 40, but is | Class |
|---|---|
| the printed goods sold as products | 16 |
| design services | 42 |
| printing equipment | 7 |
| selling energy | 39 |
| waste collection | 39 |
The class follows the product, not the industry. A business in this field will often need one of the classes above as well as class 40; the second class is a second filing fee, and a registration in one does not cover the other.
Coordinated classes
The USPTO searches class 40 together with these classes when it examines an application, because confusion between them is common. A live mark in a coordinated class can block a class 40 application, and a class 40 mark can block one of these.
A near match in a coordinated class is worth reading closely. A near match anywhere else on the register is usually not. See is my name trademarked for how to read one.
How crowded class 40 is
| Live marks in class 40 | 24,038 |
| Share of the 45-class register | 0.5% |
| Rank by size | 37 of 45 |
| As of | September 14, 2026 |
A smaller class means fewer near matches, and a name that is clear here tends to stay clear. It is still worth searching the coordinated classes, since that is where a conflict for a class 40 mark most often comes from.
Before you file in class 40
- Confirm the services are actually class 40 against the USPTO ID Manual, not against the industry the business is in.
- Check the neighbouring classes in the table above for anything the business also sells or does.
- Search the name on Silvol and read every live match by class: class 40 and its coordinated classes matter; others usually do not.
- Budget per class. Each class is $350 to file and $650 every ten years to maintain.
Common questions
What is trademark class 40?
Class 40 is the Nice classification for treatment of materials, custom manufacturing, recycling, printing, and energy generation. It is one of the 11 service classes (35–45), and it currently holds 24,038 live US marks.
What does class 40 cover?
Treatment of materials, custom manufacturing, recycling, printing, and energy generation. The USPTO's ID Manual has the full list of accepted descriptions; the examples above are the common ones.
How much does it cost to trademark in class 40?
$350 in USPTO fees for a clean electronic application using an ID Manual description, $550 with a custom description, plus $650 per class every ten years to maintain. Attorney fees, if any, are on top.
Is class 40 crowded?
It holds 24,038 live marks, 0.5% of the register, ranking 37 of 45. That is one of the smaller classes.
Can two businesses have the same name in class 40?
Not for similar services. Two marks in the same class for overlapping goods or services will conflict. The same name in an unrelated class usually will not.
What are the coordinated classes for class 40?
1, 2, 6, 17, 42. The USPTO searches these together with class 40 because confusion across them is common.
Keep reading
- All 45 trademark classes, with live counts
- Is my name trademarked? How to read a match by class
- How much does a trademark cost, per class
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm, does not clear names for use, and does not cover state registrations or unregistered marks. Class counts are computed from USPTO bulk data by primary class and refreshed daily.
Register counts as of September 14, 2026. Silvol is not a law firm and does not clear names for use.