# Which Trademark Class Do Construction Companies Fall Into?

> Construction and contracting fall into class 37; real estate sales and management into class 36. A class guide covering project marks and materials.

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In construction the distinction that determines the trademark class can be put in one line: **building is 37, selling is 36, designing is 42.**

- **Class 37** — construction, contracting, repair, maintenance, installation, renovation
- **Class 36** — real estate purchase and sale, leasing, site and building management, financing
- **Class 42** — architecture, engineering, technical design services

For a developer who builds and sells, 37 and 36 make sense together; taking only one leaves half the activity unprotected.

## Class Map by Activity

| Activity | Class |
| --- | --- |
| Construction, contracting, renovation, repair, installation | **37** |
| Real estate purchase and sale, leasing, site management | 36 |
| Architecture, engineering, project drawing, structural calculation | 42 |
| Non-metallic building materials, cement, natural stone, prefabricated units | 19 |
| Metal building materials, hardware | 6 |
| Paints, varnishes, insulating coatings | 2 |
| Insulation and packing materials | 17 |
| Doors, windows, kitchen units (as furniture) | 20 |
| Heating, cooling, ventilation and sanitary apparatus | 11 |
| Material sales, builders' merchants, retail | 35 |
| Haulage, excavation transport, storage | 39 |

## Typical Structures

### A developer building and selling housing

**37 + 36.** The building activity is class 37; the sale and marketing of the homes produced is class 36. This is the sector's most common structure and the one most often left incomplete.

### A contractor doing works only (no sales)

**Class 37 alone.** If you carry out public and private sector works without selling real estate, one class may suffice.

### An estate agency or property consultancy

**Class 36 alone.** If you are not building but acting as an intermediary, class 37 is not required.

### An architectural practice

**Class 42.** If you only produce projects, class 37 may not be needed; if you also carry out the works, 37 is added.

### A building materials manufacturer

**The relevant goods class + 35.** The class of the material you make (19, 6, 2, 17) together with the retail service in 35. If you also build, 37 is added.

## Project Marks: A Separate Decision

A question peculiar to construction: company mark or project mark?

The two serve different functions:

- **The company mark** carries corporate reputation, is permanent and spreads across every project. Priority lies here as a rule.
- **The project mark** is the name of a single investment, confined to its sales period.

Registering a project name is possible and makes sense where the marketing investment is substantial. But weigh two costs: protection runs for ten years and requires renewal; and marks not put to genuine use for five years in the goods and services registered are open to a revocation request (Article 26).

A project mark left unused after the development is complete is therefore not sustainable in the long term. An approach to managing a multi-brand portfolio: [Trademark Portfolio Management](https://www.webx.net.tr/en/blog/trademark-portfolio-management).

## Sector-Specific Risks

### 1. Descriptiveness and geographical names

Terms such as "Construction", "Build", "Real Estate", "Property", "Residence" and "Homes" carry no distinctiveness on their own. Geographical names are not distinctive on their own either — a name like "Ankara Build" is weak on both counts.

The comparison is made on the core word that remains once these elements are stripped out: with an earlier "ARYA", an application for "ARYA CONSTRUCTION" does not remove the similarity.

### 2. Confusion between trade name and trademark

Company names in this sector are commonly identical to the trade name. Registration in the commercial registry gives no trademark right over that name; they are separate institutions: [Trade Name, Business Name and Trademark](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences).

### 3. Tenders and corporate reputation

In construction a brand carries corporate trust more than consumer preference. Poor work by a firm operating under an identical or similar name can rub off on your reputation, which makes registration an investment in reputation as well as a legal step.

## Before You File

Similar names are dense in classes 37 and 36. Running a [similar-mark search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search) in both classes before filing shows the opposition risk in advance.

## Let Us Build Your Scope

Share your field of activity and project plans, and our [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) team will determine the priority between company and project marks and the classes required.

The commercial side: [Trademark Registration for Construction and Real Estate Companies](https://www.webx.net.tr/en/blog/trademark-registration-for-construction-and-real-estate).

## Frequently Asked Questions

### Which trademark class do construction companies fall into?

The core class is 37: construction, contracting, repair, maintenance and installation services. If you buy, sell or manage real estate, class 36 is also required.

### What is the difference between class 37 and class 36?

Class 37 is the activity of building, making and repairing. Class 36 covers the purchase, sale, leasing and management of real estate. For a developer who builds and sells, both make sense together.

### Can I register the name of my housing project?

Yes, a project name can be registered as a separate mark. But project names are usually confined to the life of a single investment; the five-year use requirement and renewal costs should be weighed in that decision.

### I also manufacture building materials. Which class?

Non-metallic building materials fall into class 19, metal building materials and hardware into class 6. Paints and varnishes are class 2 and insulation materials class 17.

### I provide architectural and design services. Is that class 37?

No. Architecture, engineering and technical project services fall into class 42. If you only design and do not build, class 37 may not be needed.

## Related Resources

- [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate.
- [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends.
- [Trademark Classes in Turkey: All 45 Classes Explained](https://www.webx.net.tr/en/blog/45-nice-classification-classes-full-list): What are the trademark classes? The full list of all 45 Nice classes, what each one covers, and the changes introduced by TÜRKPATENT Communiqué 2026/2.
- [Trademark Registration for Construction and Real Estate Companies](https://www.webx.net.tr/en/blog/trademark-registration-for-construction-and-real-estate): In construction the brand carries corporate trust. The distinction between company and project marks, reputation protection and the commercial value of registration.
- [How to Choose Trademark Classes: A 5-Step Method](https://www.webx.net.tr/en/blog/trademark-classes-and-nice-classification): How do you choose trademark classes? A five-step method for translating your business into goods and services classes, how to draft scope, and the mistakes to avoid.
- [Trademark Portfolio Management: A Strategy for Multi-Brand Companies](https://www.webx.net.tr/en/blog/trademark-portfolio-management): What is trademark portfolio management? Building a trademark inventory, gap analysis, renewal calendars, watch services, and multi-brand strategy.
- [How to Draft the Goods and Services List for a Trademark in Turkey](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list): How to draft a trademark goods and services list in Turkey: subgroups, broad vs. selective lists, Class 35 retail services, fee item 02.01.34 and an example.
- [Which Class Are Cosmetics Brands Registered In?](https://www.webx.net.tr/en/blog/trademark-class-for-cosmetics-brands): Cosmetics brands are registered in class 3; dermocosmetics and supplements may fall into class 5 and treatment services into class 44. A guide by product type.
