Trademark Class 38: Complete Guide to Telecommunications Services
Selecting the correct trademark class is a vital part of the registration process. Trademark Class 38 relates specifically to telecommunications services. If your business operates in this domain, registering under the appropriate class ensures your brand is protected under the right legal category.
This article explains what services fall under Class 38, why correct classification is important, and how Tradeviser can help you file your trademark accurately and efficiently.
What is Trademark Class 38?
Trademark Class 38 is part of the Nice Classification system, which groups goods and services into 45 different categories for trademark registration. Class 38 includes services that involve the transmission of voice, data, images, messages, and other communications through various technologies.
Key services included in Class 38:
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Internet service provider operations
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Mobile communication services
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Broadcasting of television and radio programs
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Streaming of audio and video content
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Email and fax transmission
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Online messaging and chat services
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Video conferencing and teleconferencing
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Satellite and cable television transmission
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VoIP (Voice over Internet Protocol) services
If your business provides any of these services, you should file your trademark under Class 38 to ensure proper legal protection.
Importance of Correct Trademark Classification
Trademark protection is only effective when the trademark is registered under the correct class. Filing under the wrong class can lead to rejection of the application or leave your brand exposed to potential infringement.
Filing under Class 38 helps to:
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Protect your brand name within the telecommunications sector
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Prevent competitors from registering similar marks in the same category
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Strengthen your legal position in case of disputes
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Build consumer trust through exclusive branding rights
Accurate classification ensures your trademark provides full coverage for the services you offer. This is especially important in fast-growing sectors like communication and digital media.
Examples of Services in Class 38
To better understand the scope of Class 38, here is a comparison of what is and is not covered:
Services Covered in Class 38 | Services in Other Classes |
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Broadband and internet service providers | Mobile phones and telecom devices (Class 9) |
Online video conferencing and chat services | Software development and coding (Class 42) |
Television and radio broadcasting | Educational content via telecom (Class 41) |
Digital streaming platforms | Advertising for telecom services (Class 35) |
It is essential to identify whether your business activities fall into more than one class. In that case, a multi-class application may be necessary.
Brands/Trademarks you Might Know in Class 38:
How can Tradeviser help in your Trademark journey?
We have an awesome in-house team of Trademark professionals who can provide valuable assistance throughout the trademark process. Our Trademark Attorneys can then help prepare and file a trademark application with the relevant trademark office and respond to the office’s actions or objections to the examination. If the trademark is challenged, our attorney can help prepare and present a strong case supporting the application. Finally, once a trademark is registered, our attorney can help monitor and enforce trademark rights to prevent infringement by others. Through our team’s expertise and knowledge of the legal environment, we can help ensure that the trademark registration process goes smoothly and the resulting trademark offers the necessary protection of the symbol or object.
Detailed List of goods Classified under Class 38
1. providing access to databases
2. rental of access time to global computer networks
3. cable television broadcasting
4. communications by cellular phones
5. communications by computer terminals
6. communications by fibre optic networks / communications by fiber optic networks
7. communications by telegrams
8. communications by telephone
9. computer aided transmission of messages and images
10. electronic bulletin board services [telecommunications services]
11. facsimile transmission
12. rental of facsimile apparatus
13. information about telecommunication
14. providing internet chatrooms
15. message sending
16. rental of message sending apparatus
17. rental of modems
18. news agency services
19. providing online forums
20. paging services [radio, telephone or other means of electronic communication]
21. radio broadcasting
22. radio communications
23. satellite transmission
24. streaming of data
25. providing telecommunication channels for teleshopping services
26. rental of telecommunication equipment
27. providing telecommunications connections to a global computer network
28. telecommunications routing and junction services
29. teleconferencing services
30. telegraph services
31. telephone services
32. rental of telephones
33. television broadcasting
34. telex services
35. transmission of digital files
36. transmission of electronic mail
37. transmission of greeting cards online
38. transmission of telegrams
39. providing user access to global computer networks
40. video-on-demand transmission
41. videoconferencing services
42. voice mail services
43. wireless broadcasting
With over 35 years of service in the District Court of Odisha, I have witnessed and learned diverse range of cases while developing a deep understanding of the legal system. Having retired from my previous position, I now utilize my expertise to assist businesses and SMEs in managing and navigating matters related to Intellectual Property Rights and Tax Law.