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
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.
| Word | Live marks using it |
|---|---|
| energy | 867 |
| solutions | 798 |
| group | 469 |
| power | 465 |
| water | 418 |
| services | 405 |
| technologies | 390 |
| com | 325 |
| brewing | 322 |
| life | 314 |
| systems | 312 |
| technology | 305 |
| custom | 284 |
| manufacturing | 283 |
| design | 263 |
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.
- Printing and custom manufacturing are Class 40. Graphic design is Class 42. Class 42: Computer & Scientific
- Custom manufacturing is Class 40. Repair and installation are Class 37. Class 37: Building & Construction
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.
| Description | Registered marks using it |
|---|---|
| Printing services | 920 |
| Printing | 379 |
| Production of energy | 369 |
| Design printing for others | 351 |
| Metal fabrication and finishing services for others | 346 |
| Recycling of waste and trash | 314 |
| Metal treating | 298 |
| Recycling | 287 |
| Mold remediation services | 272 |
| Direct-to-garment printing services | 265 |
| Embroidery services | 255 |
| Customized imprinting of company names and logos on the goods of others, namely, on promotional merchandise, apparel and corporate gifts | 245 |
| Digital printing | 238 |
| Machine shop services, namely, machining parts for others | 220 |
| Processing of plastics | 212 |
| Providing information relating to material treatment | 208 |
| Welding services | 207 |
| Recycling of waste | 204 |
| Customized printing of company names and logos for promotional and advertising purposes on the goods of others | 201 |
| Laser engraving | 195 |
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
| Status | Count | Share |
|---|---|---|
| Live (registered) | 46,374 | 31.8% |
| Pending | 12,324 | 8.5% |
| Abandoned | 46,863 | 32.2% |
| Cancelled / expired | 40,143 | 27.6% |
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).
| Year | New filings | Volume |
|---|---|---|
| 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)
Where Class 40 marks are designated, and where they are refused
| Country / office | Designations | Provisional | Total refusals | Partial | Refusal 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).
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.
| # | Filer | Applications 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.