Class 39 includes services for transport; packaging and storage of goods; and travel arrangement. Class 39 includes mainly 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 services relating to the storing of goods in a warehouse or other building for their preservation or guarding. This Class includes, in particular:
- services rendered by companies exploiting stations, bridges, rail-road ferries, etc., used by the transporter;
- services connected with the hiring of transport vehicles;
- services connected with maritime tugs, unloading, the functioning of ports and docks and the salvaging of wrecked ships and their cargoes;
- services connected with the packaging and parcelling of goods before dispatch;
- services consisting of information about journeys or the transport of goods by brokers and tourist agencies, information relating to tariffs, timetables and methods of transport;
- services relating to the inspection of vehicles or goods before transport.
For a complete listing of all goods in Class 39, see below. Class 39 is one of 45 classes used by the U.S. Patent and Trademark Office (USPTO) when grouping products or services.
Examples of trademarks in Class 39 include:
HURLEY TRUCKING COMPANY (transport and delivery of goods), RIDE OF FAME (sightseeing services), MEDSTAR (helicopter transport).
You would NOT use Class 39 if you were registering:
- services relating to advertising transport undertakings such as the distribution of prospectuses or advertising on the radio (Class 35 - Advertising and Business Services);
- services relating to the issuing of travellers' cheques or letters of credit by brokers or travel agents (Class 36 - Insurance and Finance Services);
- services relating to insurances (commercial, fire or life) during the transport of persons or goods (Class 36 - Insurance and Finance Services);
- services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods (Class 37 - Construction and Repair Services);
- services relating to reservation of rooms in a hotel by travel agents or brokers (Class 43 - Food Services).
Related (Coordinated) Classes
If you are not sure whether you should register in Class 39, you might also consider the following “coordinated” classes: Business Services, Class 36 - Insurance and Finance Services, Class 37 - Construction and Repair Services, Class 38 - Telecommunications Services, Class 40 - Material Treatment Services, Class 41 - Education and Entertainment Services, Class 42 - Science and Technology Services, Class 43 - Food Services, Class 44 - Medical and Vet Services, Class 45 - Legal and Security Services. A coordinated class is one that is related to another class, usually because the USPTO has determined that applicants filing within Class 39 often file in the coordinated classes, too.
Why use the class system? Trademark registration is based on a class system. For each class of goods or services that you register, you must pay a separate registration fee. So if you apply for a trademark for posters (Class 16) and shirts (Class 25), you must pay two fees. You must indicate the correct class at the time you are registering a trademark. If you list the incorrect class, you must start the application process over. Your registrations are restricted to those classes that encompass the goods or services you are already offering (as shown by the specimens you submit) or that you plan to offer (if you are registering on an intent-to-use basis). You may also need information about the class number in order to narrow a search of the USPTO’s trademark database.
Specimens for Class 39
A specimen for service must show use of the mark in a manner that would be perceived by potential purchasers as identifying the applicant's services and indicating their source. Where the mark is used in advertising the services, the specimen must show an association between the mark and the services for which registration is sought. A specimen that shows only the mark, with no reference to the services, does not show service mark usage.
When you are offering a service, you have no product to which you can affix a label. Acceptable specimens for services include a variety of materials that can’t be used for product marks. This includes scanned copies of advertising and marketing materials, such as newspaper and magazine ads, brochures, billboards, direct mail pieces, and menus (for restaurants).
Letterhead stationery and business cards showing the mark may be used if the services are plainly reflected on them, because the name or symbol being claimed as a mark would, in that context, be used to identify the services provided—that is, as a mark rather than as a trade name. A letter on stationery will even be accepted as a specimen for a service mark if the mark appears and the services are described in the letter.
Internet. In cases of services rendered over the Internet, a screen shot of the full web page should be fine. If the mark is being prominently displayed on the home page, so much the better.
The following are unacceptable specimens for marks for Class 39 services:
- news releases or articles based on news releases,
- documents showing trademark rather than service mark usage (use of the mark in connection with goods rather than services),
- invoices and similar documents such as packing slips,
- letterhead or business cards that bear only the mark and a company name and address are not adequate specimens (use of the mark to identify a company, such as on letterhead). As discussed earlier, one exception to this is if the letterhead or the text of the letter identifies the services represented by the mark.
Audio. Most marks appear in writing somewhere. If your mark represents a service, and it appears only on radio ads or in some other audio form, you may submit a sound file of the audio.
For More Information on Trademarks and Federal Registration
Complete Listing of All Goods in Class 39 Based on Taxonomy
- Distribution by pipeline and cable, distribution of energy, electricity distribution, transport by pipeline, water distribution, water supplying.
- Transport, air transport, ambulance transport, armored-car transport, boat transport, courier services [messages or merchandise], ferry-boat transport, guarded transport of valuables, ice-breaking, marine transport, message delivery, operating canal locks, piloting, railway transport, rental of aircraft engines, river transport, shipbrokerage, traffic information, transport brokerage, transport reservation, transport, transport and storage of waste/transport and storage of trash, transportation information, transportation logistics.
- Navigation (positioning, and route and course plotting), Transportation and delivery of goods, barge transport, carting, delivery of goods, delivery of newspapers/newspaper delivery, delivery of goods by mail order, flower delivery, hauling, porterage, stevedoring.
- Freight and cargo transportation and removal services, car transport, freight [shipping of goods], freight forwarding, freight brokerage [forwarding (Am.)]/freight brokerage, freighting, launching of satellites for others, lighterage services, removal services, transporting furniture, unloading cargo.
- Mail delivery and courier services, franking of mail, parcel delivery.
- Rental of means of transportation, aircraft rental, boat rental, car rental, railway coach rental, motor coach rental, horse rental, rental of vehicle roof racks, rental of motor racing cars, rental of wheelchairs, railway truck rental, vehicle rental.
- Travel and passenger transportation, arranging of cruises, arranging of travel tours, booking of seats for travel, bus transport, chauffeur services, escorting of travellers, passenger transport, pleasure boat transport, taxi transport, tram transport/streetcar transport, transport of travellers, travel reservation.
- Sightseeing, tour guide and excursion services, sightseeing [tourism].
- Rescue, recovery, towing and salvage, refloating of ships, rental of diving bells, rental of diving suits, rescue operations [transport], salvage of ships, salvaging, towing, underwater salvage, vehicle breakdown assistance [towing].
- Packaging and storage of goods, bottling services, packaging of goods, refrigerator rental/frozen-food locker rental, rental of warehouses, rental of storage containers, rental of freezers, storage of goods, storage/warehousing, storage information, physical storage of electronically-stored data or documents, wrapping of goods.
- Parking and vehicle storage, mooring, boat storage, car parking, garage rental, parking place rental.