TRADEMARK CLASS 39: Transport and Travel Arrangement

Trademark Class 39 covers services related to transportation, storage, and travel arrangements. These include the movement of people, animals, or goods via land, air, sea, rail, or pipeline, as well as services closely tied to such transport—like packaging, warehousing, and logistics.

The Nice Classification, created under the Nice Agreement of 1957, organizes goods and services into 45 classes (Classes 1–34 for goods and Classes 35–45 for services). IPOPHL uses this system, ensuring consistency with international practice.

Scope of Class 39

Services under Class 39 typically include:

• Operation of transport stations, bridges, railroads, or ferries.
• Hiring and rental of vehicles for transport.
• Maritime services such as tug operations, docking, cargo handling, or ship salvage.
• Packaging, warehousing, and delivery services.
• Travel agencies and brokers providing transportation information, tariffs, timetables, and booking arrangements.
• Pre-transport inspection of vehicles or goods.

Why Register in Class 39?

Registering in this class is essential for businesses engaged in logistics, courier services, warehousing, freight forwarding, shipping, or travel. It ensures protection against competitors using a confusingly similar mark in transport-related services.

For example, in Superlines Transportation Co. v. Cebu Autobus Co. (G.R. No. 100689, 1993), the Supreme Court emphasized that confusingly similar trade names in transportation can mislead the public and cause unfair competition. Registering under Class 39 helps prevent such disputes.

Related Classes to Consider

Trademark classes are not exclusive—overlapping industries often require protection in multiple categories. Related classes to Class 39 may include:

• Class 35 – Business and advertising services.
• Class 36 – Insurance and financial services.
• Class 37 – Construction and shipping-related services.
• Class 38 – Telecommunications.
• Class 40 – Material treatment and processing.
• Class 41 – Education and entertainment (e.g., travel-related training).
• Class 42 – Technology services.
• Class 43 – Food and accommodation (linked to travel).
• Class 44 – Medical and veterinary services.
• Class 45 – Legal and security services.

Registration Fees and Class System

Each trademark class requires separate fees. For example, if a company offers logistics (Class 39) and also sells packaged food products (Class 29), two separate applications and fees must be filed with IPOPHL.

Procedural Notes at IPOPHL

• Applications are filed online via eTMFile.
• After formality examination, marks are published for opposition in the IPOPHL Gazette.
• If unopposed, they proceed to registration.
• If opposed, cases are handled by the Bureau of Legal Affairs (BLA).
• Oppositions or cancellations can reach the Court of Appeals or the Supreme Court, depending on appeals.

Example of Application in the Philippines

A logistics company like LBC Express protects its mark under Class 39 for its courier and cargo forwarding services. Without this registration, others could exploit similar branding in transport services, leading to confusion.

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