TMEP 1402.11(a)(v): Computer Installation and Repair Services

This is the October 2015 Edition of the TMEP

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1402.11(a)(v)    Computer Installation and Repair Services

As set forth in the Nice Alphabetical List, installation, maintenance, and repair of computer hardware are in Class 37, while installation, maintenance, and updating of computer software are activities in Class 42. Therefore, for classification purposes, the applicant must distinguish between computer hardware and computer software. For example:

  • “Installation, maintenance, and repair of computer hardware systems, in Class 37.”
  • “Installation, maintenance, and updating of computer software systems, in Class 42.”

If the installation and maintenance services refer to networking hardware, the service should be classified in Class 37. For example:

“Installation, maintenance, and repair of Ethernet and wireless networking hardware, in Class 37.”

If the applicant applies for “technical support services,” the examining attorney will require the applicant to further specify the nature of the services. Technical support services may include services classified in more than one class, including the following:

  • “Installation and maintenance services in either Class 37 or 42 (depending on whether the subject matter is hardware or software);”
  • “Technical support services, namely, repair of computer hardware, in Class 37;”
  • “Technical support services, namely, providing technical advice related to the manufacture of {indicate goods being manufactured}, in Class 40;”
  • “Technical support services, namely, troubleshooting of computer software problems, in Class 42;” and
  • “Technical support services, namely, diagnosis of computer hardware and software problems in Class 42.”