All classes · Class 40

Class 40: Treatment & Processing: trademark trends & clearance risk

Class 40 is the 32nd busiest of the 45 classes, with 145,704 U.S. applications on record and 12,324 waiting for a decision. Its registration rate of 64.9% ranks 22nd of 45, above the 61.9% average. Filings fell 4.1% in 2025, and are still below the 7,516 filed in the peak year of 2021. 70.1% of applications filed from 2015 to 2019 drew an Office Action, the 4th highest share. The word used most in its live marks is "energy", in 867 of them.

What it covers: Treatment of materials

145,704
Total filings, all years
64.9%
Registration success rate
-4.1%
YoY change (last complete year)
12,324
Currently pending

Words already crowded in Class 40

The words that appear most often in the 59,883 live Class 40 marks. A word that many owners already use gets narrow protection: two marks that share it are usually told apart by the rest of the name. That cuts both ways. A new name built on "energy" is easier to fit in, and harder to defend against the next one.

WordLive marks using it
energy867
solutions798
group469
power465
water418
services405
technologies390
com325
brewing322
life314
systems312
technology305
custom284
manufacturing283
design263

Live marks are registered or pending. Words of three letters or more, counted once per mark; articles and company suffixes left out. Rebuilt weekly.

Check before you file. The free clearance risk check finds marks that look or sound like yours in Class 40, not only exact matches. If your mark has a logo, run it through the logo similarity search too.

Easy to confuse with Class 40

Filing in the wrong class means paying again, so check where your goods or services actually belong.

Not sure? Describe what you sell to the class recommender.

Wording that got through in Class 40

The descriptions of goods and services used most often in Class 40 applications that went on to register, filed since 2020. Wording that examiners have accepted thousands of times is a safer start than your own: a description written freely costs $200 more per class and is a common reason for an Office Action asking you to rephrase. Check the exact entry in the USPTO's ID Manual before you file.

DescriptionRegistered marks using it
Printing services920
Printing379
Production of energy369
Design printing for others351
Metal fabrication and finishing services for others346
Recycling of waste and trash314
Metal treating298
Recycling287
Mold remediation services272
Direct-to-garment printing services265
Embroidery services255
Customized imprinting of company names and logos on the goods of others, namely, on promotional merchandise, apparel and corporate gifts245
Digital printing238
Machine shop services, namely, machining parts for others220
Processing of plastics212
Providing information relating to material treatment208
Welding services207
Recycling of waste204
Customized printing of company names and logos for promotional and advertising purposes on the goods of others201
Laser engraving195

Each application's description split into its separate items, counted once per application. Source: USPTO records. Rebuilt weekly.

What examination did to Class 40 applications

The 26,563 Class 40 applications filed from 2015 to 2019, followed through their file histories. 66.3% of them registered 4.8 points better than the all-class average.

What happened Applications Share All 45 classes
Filed in this class 26,563 100% –
Drew at least one Office Action 18,626 70.1% 58.4%
Escalated to a final refusal 3,473 13.1% 8.9%
Abandoned for never answering one 4,768 17.9% –
Registered in the end 17,598 66.3% 61.5%

Every share is of the 26,563 applications filed. Rows overlap: an application that drew an Office Action and then registered is counted in both.

Of the 18,626 Class 40 applications that drew one, 25.6% were abandoned for never answering or answering late. Of those that did answer, 84.1% went on to register. If you get one, the deadline matters more than the refusal does: track it here, and put an email address you actually read on the application.

  • How long it took. Half the Class 40 applications that registered did so within 13.6 months of filing, and nine in ten within 31.9 months.
  • Intent to use. 34.7% reached a Notice of Allowance, with only proof of use left to file. Even then, 41.2% of them were abandoned without a Statement of Use ever being filed, and of the ones that bought three or more extensions first, only 40.4% made it to registration.
  • Filing without an attorney. 78.3% of Class 40 applications had an attorney on record, and those registered 73.4% of the time against 40.5% without one. 59.1% of unrepresented applicants who drew an Office Action never answered it. Your odds in Class 40.

Cohort: applications with a filing date from 2015 to 2019, counted once in every class they claim. Outcome is whether a registration ever issued. Source: USPTO file histories. All 45 classes compared. How we count.

Status mix of all filings

StatusCountShare
Live (registered)46,37431.8%
Pending 12,3248.5%
Abandoned 46,86332.2%
Cancelled / expired40,14327.6%

Filings by year (last decade)

How many new applications were filed in this class each year. Excludes records with null filing dates (mostly very old paper backfile).

YearNew filingsVolume
2015 1,133
2016 4,969
2017 5,139
2018 5,797
2019 5,967
2020 6,787
2021 7,516
2022 7,130
2023 6,987
2024 7,388
2025 7,087
2026 5,340

Source: USPTO bulk trademark feed. How we count.

International filings in Class 40 (Madrid System)

18,196
International registrations covering this class
43%
Designate the U.S. (7,895)
38%
Refused outright in at least one country (2019–2022 registrations)
8,069
Registered in the last 5 years

Where Class 40 marks are designated, and where they are refused

Country / officeDesignationsProvisionalTotal refusalsPartialRefusal rate
United States (US) 2,025 98.7% 58 5 2.9%
European Union (EM) 1,824 37.9% 54 15 3%
China (CN) 1,794 75% 359 668 20%
United Kingdom (GB) 1,746 19.5% 11 9 0.6%
Canada (CA) 1,435 95.7% 275 0 19.2%
Switzerland (CH) 1,365 33.4% 25 3 1.8%
India (IN) 1,258 56.9% 267 0 21.2%
Japan (JP) 1,198 86.6% 153 0 12.8%

Most international Class 40 filers come from European Union (3,780), Germany (2,417), France (1,884), United States (1,605), Switzerland (1,288), United Kingdom (1,025).

Refusal rates by country.

WIPO Madrid Monitor data (CC BY 4.0); refusals measured on 2019–2022 registrations. Why we count this way.

Most-active filers in this class

The 10 entities with the most trademark applications in Class 40.

#FilerApplications in this class
1 HALLIBURTON ENERGY SERVICES, INC. 322
2 WASTE MANAGEMENT, INC. 201
3 ISKO S.r.l. 193
4 BAKER HUGHES INCORPORATED 152
5 RESOURCE LABEL GROUP, LLC 139
6 Taiwan Semiconductor Manufacturing Co., Ltd. 137
7 DBG GROUP INVESTMENTS, LLC 124
8 ANADARKO PETROLEUM CORPORATION 120
9 FPL GROUP, INC. 114
10 Magna International Inc. 113

Recently registered in Class 40

The latest marks the USPTO registered in this class, on 29 September 2026.

Figures refreshed daily from USPTO and WIPO data. How we count.