Trademark Class 39 covers transport and storage services. It includes freight and cargo services, courier services, warehousing, vehicle rental, and travel bookings. These are services, not physical products. A courier company, travel agency, or moving company may need to register its brand under Class 39.
WIPO’s Nice Classification divides trademarks into 45 classes. India’s Trade Marks Act, 1999 follows the same classification system. FedEx is an example of a company that uses Class 39 protection for its delivery and logistics services in India.
Key Takeaways
- Class 39 covers passenger transport, freight and cargo services, courier and delivery, packaging, warehousing, vehicle rental, and travel arrangement.
- This class applies only to services, not physical goods like vehicles or packaging equipment.
- It does not cover manufactured vehicles (Class 12), logistics software (Class 9/42), transport insurance (Class 36), or vehicle repair (Class 37).
- Filing fees are ₹4,500 per class for individuals and startups, and ₹9,000 per class for companies.
- Validity runs 10 years from the date of application, renewable indefinitely.
- DHL files across Class 39 (delivery), Class 35 (business management), and Class 42 (technology solutions) to cover its full operations.
What is Trademark Class 39 in India?
Trademark Class 39 covers transport, packaging and storage of goods, and travel arrangements. It applies to businesses that move people or goods, store products, or arrange travel services.
The Indian Trade Marks Registry checks whether a Class 39 trademark is distinctive. Descriptive names such as “Fast Delivery” or “Quick Cargo” may face objections because they describe the service rather than identify the brand.
Trademark registration under Class 39 helps businesses protect their brand, prevent infringement, and build market recognition.
Who Should Register Under Trademark Class 39?
You should consider registering under trademark Class 39 if you are engaged in:
- Providing logistics or supply chain services.
- Operating courier, parcel, or delivery services.
- Running transport services for goods or passengers.
- Managing a fleet or offering vehicle rental services. Offering warehousing, storage, or cold storage solutions.
- Providing freight forwarding or cargo handling services.
- Running moving or relocation services.
- Operating a travel agency or tour operator business.
- Offering ticket booking or travel arrangement services.
- Managing port, shipping, or maritime services.
- Providing airport ground handling or baggage services.
- Distributing utilities such as water, gas, or electricity.
What Services are Covered Under Class 39 Trademark?
The table below lists the services covered under Class 39 of the trademark:
| Category | Examples of Services Covered |
|---|---|
| Passenger Transportation | Bus transport, taxi transport, car sharing services, chauffeur services, arranging of cruises, tram/streetcar transport, booking of seats for travel |
| Freight & Cargo Services | Freight forwarding, freight brokerage, cargo transportation, lighterage services, removal services |
| Courier & Delivery Services | Mail delivery, courier services, parcel delivery, message delivery, franking of mail, newspaper delivery |
| Packaging & Packing Services | Packaging of goods for transport, bottling, wrapping, and delivering of goods |
| Logistics & Distribution Services | Supply chain coordination, goods distribution services |
| Storage & Warehousing Services | Warehousing, cold storage, bonded storage services |
| Vehicle & Transport Asset Rental | Rental of vehicles, ships, aircraft, and transport containers |
| Parking & Garaging Services | Parking space rental, garage rental services |
| Moving & Relocation Services | Household shifting, office relocation services |
| Travel Arrangement Services | Travel booking, ticket reservation, tour arrangement |
| Tourism & Excursion Services | Conducting tours, sightseeing arrangement services |
| Utility Distribution Services | Distribution of electricity, water, and gas |
| Transport Information Services | Traffic information, route planning, transport scheduling |
| Maritime & Port Services | Port services, docking and mooring services |
| Air & Airport Services | Airport ground handling, baggage handling services |
| Rescue & Emergency Transport Services | Rescue transport, emergency evacuation services |
| Luggage & Personal Item Transport | Luggage transport, baggage delivery services |
What Services are Not Covered Under Trademark Class 39?
Businesses must select the correct class to achieve effective trademark protection. If a service does not fall under the tours and travels trademark class, businesses must file under the relevant alternative class.
- Manufactured vehicles and transport equipment: Cars, trucks, ships, aircraft, or vehicle parts offered as products fall under Class 12.
- Retail or wholesale of transport and packaging goods: Sale of vehicles, containers, packaging materials, or storage equipment falls under Class 12 or Class 20.
- Logistics or travel software platforms: Fleet management systems, route-planning tools, booking apps, or logistics automation software fall under Class 9 or Class 42.
- Financial and insurance services for transport: Cargo insurance, vehicle insurance, transport financing, or leasing fall under Class 36.
- Construction of transport infrastructure: Building roads, ports, airports, warehouses, or logistics parks falls under Class 37.
- Vehicle repair and maintenance services: Servicing or upkeep of transport vehicles falls under Class 37.
- Advertising and business consultancy services: Marketing, branding, or management consultancy for logistics or travel businesses falls under Class 35.
How to Register a Trademark Under Class 39 in India?
Follow these steps to file a Class 39 trademark in India:
- Trademark search: Check if a similar name, logo, or mark already exists in Class 39 using the Indian Trademark Registry or RegisterKaro’s trademark availability check tool to avoid conflicts.
- Identify the correct class: Use RegisterKaro’s trademark class finder to ensure your product falls under Class 39. Correct classification is crucial for obtaining proper legal protection for your products.
- Prepare and File Form TM-A: You can file the application online or at the relevant Trademark Office. Include the applicant’s details, logo or wordmark, and a clear description of services.
- Examination by the Registry: Officials check for conflicts, compliance, and clarity of service description. The examiner may raise trademark objections if there are conflicts or classification issues.
- Respond to objections (if any): Respond to trademark objections raised during the examination process.
- Publication in the Trademark Journal: The Registry publishes the trademark in the Trademark Journal for public opposition for four months.
- Registration certificate: If no one files a trademark opposition, or after resolving objections, the Registry registers the trademark and issues the certificate.
A registered trademark remains valid for 10 years from the date of registration. Trademark renewal allows you to extend protection indefinitely.
Other Trademark Classes Similar to Class 39: Multiple Filing
Businesses offering transportation, logistics, storage, or travel services may also provide related solutions that fall under different trademark classes.
| Related Class | Services Covered | Relevance to Class 39 Businesses |
|---|---|---|
| Class 35 | Business management, consultancy, and advertising | For logistics or travel companies offering operational consultancy or marketing |
| Class 36 | Financial and insurance services | For businesses providing cargo insurance, vehicle financing, or leasing |
| Class 37 | Construction and repair services | For companies building warehouses or offering vehicle maintenance |
| Class 41 | Education and training services | For businesses offering driver training or logistics management courses |
| Class 42 | Software and technology services | For companies offering logistics management software or booking platforms |
| Class 12 | Vehicles and transport equipment | For businesses that also manufacture or sell transport vehicles |
| Class 20 | Storage and packaging equipment | For businesses providing storage racks, containers, or packing machinery as products |
When businesses file in multiple classes, they secure broader brand protection and prevent competitors from using similar marks in adjacent service areas. For example, DHL, a global logistics and courier company, has trademarks in:
- Class 39 for delivery services
- Class 35 for business management
- Class 42 for technology solutions
