Deciphering Class 39 of Nice Classification for trademarks:
Trademark Class 39 is one of 45 NICE Classifications used to identify and classify products and/or services.
Class 39 for trademarks a brief description:
When someone asks us about Class 39, the first thing we could think about is services for the transport of people, animals, or goods from one place to another by rail, road, water, air, or pipeline. Wow how helpful!! also, the storing of goods in any storage facility, warehouses, or other types of building for their preservation or guarding, and the services necessarily connected with such transport
Class 39 for trademarks header:
The Nice Class Headings describe in very broad terms the nature of the goods or services contained in each class. The Class 39 class header includes: Transport; packaging and storage of goods; travel arrangement.
Famous brands protected on Class 39:
United Parcel Service of America
American Airlines, Inc.
TUI AG
Amazon Technologies, Inc.
Canadian Broadcasting Corporation
Bayerische Motoren Werke Aktiengesellschaft
Viking River Cruises (Bermuda) Ltd
After reading the list of services, what came across my mind immediately are services relating to advertising transport undertakings, such as the distribution of prospectuses or advertising, on the radio but these fall under Class 35 and not Class 39.
Class 39 for trademarks does not include:
Services relating to the issuing of travelers’ cheques or letters of credit by brokers or travel agents are included in Class 36. Class 39 does not include services relating to the reservation of rooms in a hotel by travel agents or brokers in Class 43. Services rendered by the maintenance and repair of vehicles, nor the maintenance or repair of objects connected with the transport of persons or goods covered by Class 37.
Trademark classes are coordinated and similar to Class 39:
When a specific product or service falls under more than one trademark classification, the applicant must apply in each of the trademark classes in which the product or service falls. These extra trademark classes or classifications are called "Coordinated Classes."
Advertising; business management; business administration; office functions
Insurance; financial affairs; monetary affairs; real estate affairs.
Building construction; repair; installation services.
Building construction; repair; installation services.
Trademark Class 39 and the Metaverse:
Change is required for progress, such as progress in technology, Metaverse is the new face of intellectual property rights, and who knows, days or weeks from now, it is possible to use imaginary transportation like (flying cars & trains), and it is related to many things needed to transport people, animals and goods in real life. Metaverse is attempting to create a new virtual world that is identical to, and possibly better than, the real world. As a result, we will see a large number of trademarks registered in the Metaverse under Class 39.
Understanding the main elements of Class 39:
The hierarchy has been developed by the European Union Intellectual Property Office (EUIPO) and national offices of the European Union with the collaboration of WIPO. Although based on the Nice Classification, it does not form part of the Classification. The hierarchy does not have any legal effect on trademark examination or the comparison of goods and services. This is without prejudice to the possibility of using the hierarchy as an administrative tool in the specification of goods and services voluntarily.
Class 39 in Nice Classification is divided into the subsections below:
Trademark Class 39 - Subsection 1
Distribution by pipeline and Capel
Distribution of energy
Electricity distribution
Water supplying
Water distribution
Trademark Class 39 - Subsection 2
Transports
Air transports
Car transports
River transport
Passenger transports
Trademark Class 39 - Subsection 3
Transportation and delivery of goods
Flowers delivery
Delivery of goods
Delivery by mails order
Trademark Class 39 - Subsection 4
Mail devilry and courier
Franking of email
Message delivery
Parcel delivery
Trademark Class 39 - Subsection 5
Rental of means of transportation
Aircraft's rental
Car rental
Rental of motor racing cars
Trademark Class 39 - Subsection 6
Travel and passenger transportation
Bus transport
Car sharing services
Booking for a steal for travels
Trademark Class 39 - Subsection 7
Packaging and storage for goods
Gift wrapping
Packaging of goods
Store of goods
Trademark Class 39 - Subsection 8
Loading and unloading of vehicles
Unloading cargo
Trademark Class 39 - Subsection 9
Vehicles parking and storage
Boat storage
Car parking
Parking place rental