In organizing its registry of trademarks, the U.S. Patent and Trademark Office (PTO) divides marks into 45 different "classes" of products or services. Class 39 includes services for transport; packaging and storage of goods; and travel arrangement. Primarily, Class 39 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 services relating to the storing of goods in a warehouse or other building for their preservation or guarding. This Class includes, in particular:
For More Information on trademarks and federal registration, see Nolo’s Trademark Center or consider using Nolo’s Online Trademark Application. For a complete listing of all goods in Class 39, see below.
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:
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 PTO has determined that applicants filing within Class 39 often file in the coordinated classes, too.
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 PTO's trademark database.
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.
In cases of services rendered over the Internet, which are sometimes applicable to Class 39, 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:
Audio marks are possible too. 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.