Examples of Trade Marks in Class 39
When applying to register a trade mark, you will need to select a trade mark class. The process of selecting your trade mark classes is important because your trade mark will only have protection under the classes you select. One such trade mark class is class 39, which primarily covers shipping and travel services.
To help you better understand class 39 and trade mark classes more broadly, this article will take you through what classes are, why they should be important to you and some examples of what class 39 includes.
Trade Mark Classes
When applying to register a trade mark for your brand assets, you will be required to select any relevant classes on your application. This refers to the goods and services categories that you intend to use your trade mark for. Essentially, trade marks are broken down into 45 classes, including 34 goods and 11 services per the Nice classification system.
The classes that you select are important because they define the scope of your trade mark protection. For example, you could consider registering a trade mark for your business’ logo under class 39 if you provide shipping and travel services. In that case, those operating in the same industry as you will not be able to infringe on your trade mark. However, those trading in a completely different industry to you, such as in the cosmetics industry, will not be subject to the same restrictions and, in theory, could have a similar logo to you.
Class 39 covers a number of services related to shipping and travel. The table below outlines several examples of what trade mark class 39 includes:
|Transport||• ambulance transport|
• boat transport
• air transport
• railway truck rental
• railway transport
• horse rental
• taxi transport
|Packaging, storage or delivery of goods||• newspaper delivery|
• physical storage of electronically-stored data or documents
• message delivery
|Vehicle parking and storage||• aeroplane parking|
• chauffeur services
• garage rental
|Rental, hire and leasing of transport, storage or related goods||• aircraft rental|
• boat rental
• rental of diving suits
• rental of navigational systems
• sightseeing (tourism)
• wheelchair rental
|Consultancy or other services related to the rental, hire and leasing of transport or storage||• booking of seats for travel|
• escorting travellers (tourism)
• freight brokerage
• ship brokerage
• storage information
Please consider the above as a general guide, rather than a complete list.
Misconceptions About Class 39
Although class 39 covers most shipping and travel-related services, there are several common misconceptions about what is included in this trade mark class. For example, the following services do not fall under trade mark class 39:
- insurance relating to travel or the transport of goods (class 36);
- vehicle maintenance and repair (class 37); or
- hotel reservations of hotel rooms (by a travel agent or broker) (class 43).
If you use your trade mark for any of the above services, you will need to consider alternate classes.
Related Trade Mark Classes
You can apply for a trade mark under more than one class. However, it is important to note that you must use your trade mark in each registered class or risk rendering your registration vulnerable to removal by a third party.
If your services appear to fit under class 39, but you wish to ensure they are protected more comprehensively, you might need to consider similar, related classes for your services. Classes related to class 39 include:
- Class 4: Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.
- Class 42: Scientific and technological services and research, and related design; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.
- Class 43: Services for providing food and drink; temporary accommodation.
To protect your trade marks as best as possible, you must choose the most relevant trade mark classes. Class 39 might be appropriate for the services of your business if they relate to:
- packaging, storage or delivery of goods;
- rental, hire and leasing of transport, storage or related goods; or
- consultancy or other services related to the rental, hire and leasing of transport or storage.
If you need help determining the best trade mark class for your goods or need general trade mark assistance, our experienced trade mark lawyers can help. You can get in touch with them on 1300 657 423.
Frequently Asked Questions
Classes are categories of goods and services available for trade mark classification. There are 45 classes of goods and services to select from. These classes are important, as they determine the scope of your trade mark protection.
Class 39 covers services related to shipping and travel services. This includes transport, packaging, storage or delivery of goods, rental hire and leasing of transport, storage or related goods and consultancy or other services related to the rental, hire and leasing of transport or storage.