TRADEMARK CLASS THIRTY-NINE

TRADEMARK CLASS THIRTY-NINE

INTRODUCTION

The Trademark of any product and services gives the different identities of the brand or the product and separates from the competitors. Trademark Act, 1999 represents the phrase, logo, design, and sequence of colours or shape, etc. The trademark recognized worldwide and also a valuable asset of the business. The benefit of having a trademark is that it can be easily distinguishable your product or services from the other products and symbolizes the uniqueness of a product.

There are different trademark classes defined in the Fourth Schedule of the Trademark Rules, 2002. The total numbers of trademark classes are 45 and it is grouped into the manufacture of goods and services. Every class requires a separate trademark registration. There are 80,000 products and services under the trademark classes and divided into two sections- Classes for Goods & Classes of Services. Thus, it provides the process of trademark registration with a smooth structure. The trademark classification allows the applicant to search for an appropriate trademark under the defined classes to register the trademark in India. Applicant can choose the broad class under which their goods or services description falls.

CLASS THIRTY-NINE OF TRADEMARK ACT

The Applicant in the specimen for the service has to show the use of a mark in which he/she applying for the trademark so that it is easily recognized by potential purchasers as the applicant’s services. If the mark of services used for advertising purposes then the specimen must show the relationship between the mark and the services for which registration is required. A specimen that shows the mark only and no association with services does not show service mark usage. There is no product to affix a label when the applicant offering the services, so in this case, the applicant can use a variety of materials for services that can’t be used for product marks. It includes scanned copies of advertising and marketing materials, for instance, newspaper and magazine ads, brochures, billboards, direct mail pieces, and menus for restaurants. If the documents show the use of the mark in reference to goods rather than services will not be an acceptable specimen for service trademark.

Class 39 of the trademark class includes services related to transport from place to another by rail, road, water, air or pipeline and services related to storing of goods in a warehouse or other building for their preservation or guarding. The class broadly covers the services performed by companies exploiting stations, bridges, rail-road ferries, etc., used by transporter; services in connection to hiring of transport vehicles; service in connection with packaging and parcelling of goods before dispatch; services related to the inspection of vehicles or goods before transport; services related to unloading, maritime tugs, duties in connection of ports and docks and the salvaging of wrecked ships and their cargoes.

The class does not include services related to advertising the transport undertakings like advertising in radio; services related to insurances of persons or goods during transport; services related to reservation of hotels room by travel agent or brokers; services related to maintenance and repair of vehicles of or object connected with the transport of persons or goods.

List of goods under class 39 are: air transport; ambulance transport; rental of aircraft engines; boat rental; bus transport; car rental; car parking; chauffeur services; courier services; delivery of goods; distribution of energy; guarded transport of valuables; hauling; marine transport; packaging of goods; parcel delivery; railway transport; railway truck rental; river transport; salvaging of ships; storage of goods; towing; taxi transport; transport of logistic; travel reservation; rental of warehouses; water supplying; wrapping of goods, etc.

REGISTERED SERVICES UNDER CLASS 39

• BLUE EXPRESS

Trademark Description: Logistics, Transport, Packaging and Storage of Goods, Travel Arrangement, Courier & Cargo Services

• WOW BASKET

Trademark Description: Transport; Packaging and Storage of Goods; Travel Arrangement.

• DHANLAXMI

Trademark Description: Transport and Packaging Services.

• PATIDAR TRAVELS

Trademark Description: Travel agents services for arranging travel, Tour conducting, Tour arranging and all services

• SREE VENKATESWARA LOGISTICS

Trademark Description: Packaging Services; Transport; Packaging and Storage Of Goods; Warehousing; Courier Services[Messages Or Merchandise]; Delivery Of Goods; Freight [Shipping Of Goods]; Freight Forwarding; Freight Brokerage; Freighting; Message Delivery; Parcel Delivery; Rental of Warehouses; Stevedoring; Transportation Logistics; Unloading Cargo

REGISTRATIONS OF TRADEMARK CLASS THIRTY-NINE

Trademark Search

The Registrar firstly searches for the similar mark that already exists with the Trademark Registry. The Trademark Search directed through the Trademark Registry Online Website.

Trademark Application Filing

Once the trademark search is completed, the applicant will file the application for trademark registration with the Trademark Registrar. When all the requirement of the application is filled by the applicant, then the owner will file a Trademark Registering Application in online or offline mode. In case of online filling, the Digital Signature Certificate is required and in offline filling, the application has to be sent to the Trademark Registry office. After filling the application the Registrar will review the application to look into any disagreements in it.

Application for Allotment of Trademark

After the application filed with the Trademark Registrar, an allotment number to Trademark Application will be provided within 2-3 working days, through this the application can be traced online. After receiving the allocation number the owner of the Trademark Symbol can use it to its logo.

Trademark Examination

Afterward, the application will be sent to the Trademark officer in the Trademark Registry office to review the application, and check the certainty and to issue the Trademark Examination Report.

Publication of Trademark in a Trademark Journal

The applied trademark is then published in the Trademark Journal. The Trademark Journal contains all the trademarks that are approved by the Trademark Registrar. The trademark journal is available for the public to look upon and to file the objection against trademark registration if it is registered. The objection should be filed within 90 days, if no objection filled then the mark will be recorded permanently for the entity registering for a trademark.

Registration of Trademark

During the 90 days time limit if no objection filed by the public with the Trademark Registrar regarding the Trademark Application and Trademark Journal, a Certificate of the trademark will be issued to the applicant.

BY:-

Sameeksha Shukla