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

October 2017 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 when identifying installation, maintenance, and repair services.  For example:

  • "Installation, maintenance, and repair of computer hardware, in Class 37."
  • "Installation, maintenance, and updating of computer software, 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:

  • "Technical support services, namely, troubleshooting in the nature of the 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, troubleshooting in the nature of diagnosing computer hardware and software problems, in Class 42."