Deciphering Class 37 of Nice Classification for trademarks:
Trademark Class 37 is one of 45 NICE Classifications to identify and classify products and/or services.
Class 37 for trademarks a brief description:
Class 37 includes various services related to construction work, equipment rental, furniture repair, and computers. Therefore it is a very diverse category, so care must be taken when registering for it.
Class 37 of the Nice Classification of goods and services for classifying trademarks mainly includes construction services; installation and repair services; mining extraction, and oil and gas drilling.
Class 37 for trademarks header:
The Nice Class Headings describe in very broad terms the nature of the goods or services contained in each class. The Class 37 class header includes construction services; installation and repair services; mining extraction, and oil and gas drilling.
Famous brands protected on Class 37:
SAIC MOTOR CORPORATION LIMITED
ACS Activities de Construction y Services S.A. 3- Bosch.
China Communications Construction Group Ltd. 8- KitchenAid.
China State Construction Engineering Corp. Ltd.
Trademark Class 37 includes, in particular:
Construction and demolition of buildings, roads, bridges, dams, or transmission lines, as well as services in the field of construction, for example, interior and exterior painting, plastering, plumbing, heating equipment installation, and roofing;
Rental of construction tools, machines, and equipment, for example, rental of bulldozers, rental of cranes;
Various repair services, for example, those in the fields of electricity, computer hardware, furniture, instruments, and tools;
Various restoration services, for example, building restoration, furniture restoration, and restoration of works of art;
Maintenance services for preserving an object in its original condition without changing any of its properties;
Cleaning of different objects, for example, windows, vehicles, and clothing, as well as the laundering and pressing of clothing.
Class 37 for trademarks does not include, in particular:
Physical storage of goods
Containers for storage and transport of goods, of metal and not of metal
The cutting, dyeing, and fireproofing of cloth
The casting, plating, and treating of metal
Table cutlery and hand-operated cutting tools for kitchen use, for example, vegetable shredders, pizza cutters, and cheese slicers
Custom tailoring, dressmaking, embroidering
Construction drafting and architectural services
Trademark classes are coordinated and similar to Class 37:
When thinking of the Class 37 trademark classification, one should keep in mind that the class has multiple overlapping products with goods from classes 8, 9, 19, 42, and 44. Therefore, these classes are said to be coordinated classes with the highest risk of potential confusion. To ensure you are choosing the right class for your trademark before you protect it under Class 37 make sure to rule out all the coordinated classes:
Class 8 versus Class 37:
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
Class 9 versus Class 37:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detecting, testing, inspecting, life-saving, and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analog recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus.
Class 19 versus Class 37:
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar, and bitumen; transportable buildings, not of metal; monuments, not of metal.
Class 42 versus Class 37:
Scientific and technological services and research and design relating thereto; industrial analysis, industrial research, and industrial design services; quality control and authentication services; design and development of computer hardware and software.
Class 44 versus Class 37:
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture, and forestry services.
Changes in the Nice Classification relating to trademark goods on Class 37
There were no changes to the goods in Class 37.
Trademark Class 37 and the Metaverse:
The Metaverse can be interpreted as an immersive online experience that uses virtual reality (VR) and augmented reality (AR) technology and hardware – in theory, a world of limitless imagination identical to reality. This means the possibility of providing services to enhance the similarity of the Metaverse to reality and thus the existence of brands for these services.
However, since Metaverses are a platform that simulates video games, this means that if a company wants to expand its business within Metaverse now, it must register on the special classes related to software, such as Class 9. Therefore, companies can expand by providing digital services or showing the clients how the services are in the real world using NFT technology or other technologies, and in this case, they have to register, as we explained previously, in Class 9, as well as classes 28 and 41. In addition, perhaps shortly, we will see a new classification or an increase in new classes to the current Nice Classification, which includes digital products and services of all kinds.
Understanding the main elements of trademark Class 37:
The, EUIPO in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy does not have any legal effect in trademark examination or the comparison of goods and services; it was only created as an assistive tool.
Class 37 in Nice classification is divided into the subsections below:
Trademark Class 37 - Subsection 1
Building, construction, and demolition.
Trademark Class 37 - Subsection 2
Rental of tools, plant, and equipment for construction and demolition
Trademark Class 37 - Subsection 3
Extraction of natural resources
Trademark Class 37 - Subsection 4
Installation, cleaning, repair, and maintenance
Alarm, lock, and safe installation, maintenance, and repair
Clock and watch repair
Trademark Class 37 - Subsection 5
Computer hardware and telecommunication apparatus installation, maintenance, and repair
Trademark Class 37 - Subsection 6
HVAC (heating, ventilation, and air conditioning) installation, maintenance, and repair
Trademark Class 37 - Subsection 7
Re-inking and refilling of toner cartridges
Trademark Class 37 - Subsection 8
Tyre maintenance and repair
Trademark Class 37 - Subsection 9
Building maintenance and repair
Trademark Class 37 - Subsection 10
Interior and exterior cleaning of buildings
Trademark Class 37 - Subsection 11
Rental of cleaning and washing and drying machines and equipment
Trademark Class 37 - Subsection 12
Vehicle repair, maintenance, and refueling
Trademark Class 37 - Subsection 13
Glazing, installation, maintenance, and repair of glass, windows, and blinds
Trademark Class 37 - Subsection 14
Plumbing installation, maintenance, and repair
Trademark Class 37 - Subsection 15
Furniture maintenance and repair
Trademark Class 37 - Subsection 16
Lift and elevator installation, maintenance, and repair
Trademark Class 37 - Subsection 17
Cleaning and care of the fabric, textile, leather, fur, and goods made thereof
Trademark Class 37 - Subsection 18
Extermination, disinfection, and pest control