Introduction to Trademark 39
Trademark Class 39 stands as the leader of logistics and safekeeping, guiding through the world of transportation and storage. It acts as the coordinator of transport and protection, offering services that cover transportation, delivery, and storage. From delivering packages to managing global supply chains, this class drives commerce forward while protecting valuable assets.
This class covers services such as Transport; packaging and storage of goods; travel arrangements, ensuring the smooth movement of goods and their secure storage. It mainly includes services for the transport of people, animals or goods from one place to another by rail, road, water, air or pipeline and services necessarily connected with such transport, as well as the storing of goods in any kind of storage facility, warehouses or other types of building for their preservation or guarding.
Let us discuss the products covered under Trademark Class 39 briefly:
a. Transportation Services: This includes people, animals, or goods by land, air, or sea.
Example: Ola Cabs is a major ride-hailing service offering local transportation in cities across India.
b. Freight and Cargo Transport: This includes services that handle the movement of goods using various modes of transportation, such as trucks, ships, planes, and trains.
Example: Allcargo Logistics Ltd. specializes in multimodal transport, including sea freight, air cargo, and road transport.
c. Courier and Delivery Services: This covers services that provide quick and localized delivery of packages and parcels.
Example: DTDC Express Limited provides a wide range of courier and logistics solutions, including domestic and international services.
d. Warehousing and Storage Services: This includes services dedicated to the safekeeping of goods in warehouses or storage facilities, ensuring secure and organized storage solutions for various items.
Example: Future Supply Chain Solutions is part of the Future Group, offering warehousing and storage services for retail and e-commerce.
e. Travel arrangement: This includes Travel booking, transport scheduling, and tour operators.
Example: Kesari Tours is a prominent Indian travel company known for offering a variety of domestic and international tour packages.
f. Rental of vehicles or transport equipment – This covers Car rentals, bike rentals, etc.
Example: Zoomcar is a leading self-drive car rental company, offering a wide range of vehicles for rent across major cities in India.
Inclusions and Exclusions under Trademark Class 39
Trademark Class 39 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 39:
✔ Operation of stations, bridges, railways, ferries and other transport facilities.
✔ Rental of vehicles for transportation, as well as chauffeuring and piloting services.
✔ Rental services related to transport, storage and travel, for example, parking place rental, garage rental, and rental of storage containers.
✔ Operation of maritime tugs, unloading, operation of ports and docks, and salvaging of wrecked ships and their cargoes.
✔ Packaging, bottling, wrapping and delivering of goods.
✔ Replenishing vending machines and automated teller machines.
✔ Services for providing information about journeys or the transport of goods by brokers and tourist agencies, as well as for providing information relating to fares, timetables and methods of transport.
✔ Inspection of vehicles or goods for the purpose of transport.
✔ Distribution of energy and electricity, as well as distribution and supply of water.
Specific Exclusions in Trademark Class 39:
✘ Advertising travel or transport (Class 35).
✘ Insurance services during the transport of people or goods (Class 36).
✘ Maintenance and repair of vehicles or other items connected with the transport of people or goods (Class 37).
✘ Conducting guided tours (Class 41).
✘ Electronic data storage (Class 42).
✘ Reservation of hotel rooms or other temporary accommodations by travel agents or brokers (Class 43).
Steps involved in registering Trademark under Class 39
Initial Trademark Search for Trademark Class 39
Before starting with the registration process under Trademark Class 39, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 39. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 39
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 39
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Examination by the Trademarks Registry
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 39
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 39. This certificate confirms your exclusive rights to the mark within Trademark Class 39.
Detailed List of goods classified under Trademark Class 39
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Conclusion on Trademark Class 39
Trademark Class 39 covers services related to transportation, packaging, storage, and travel arrangements. As technology improves and global trade becomes more complex, proper classification and trademark protection under Class 39 is crucial for establishing brand recognition, trust and credibility.
For businesses operating in Transport, Packaging, and Storage Services, securing a trademark in Class 39 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to simplifying global trade. To explore other trademark classes, refer to the “Trademark Class List” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.