Trademark Class 38: Complete Guide to Telecommunications Services

In trademark registration, choosing the right class is a critical step to ensure proper protection of your brand. The Nice Classification system — internationally recognized and adopted in India and many other jurisdictions — organizes goods and services into 45 distinct classes.

• Classes 1–34: Goods
• Classes 35–45: Services

Among the service classes, Trademark Class 38 is exclusively assigned to telecommunication services, including data transmission, broadcasting, internet access, streaming, and digital communications.

Whether you're a telecom operator, internet service provider, podcast host, app developer with communication features, or a tech startup offering VoIP or messaging apps — Class 38 is where your services are categorized.

What is Trademark Class 38?

Trademark Class 38 covers services that enable one party to communicate with another via sensory signals, including:

• Audio (phone calls, radio, etc.)
• Visual (TV broadcasting, video streaming)
• Digital/online (emails, chat, messaging, VoIP, livestreaming)

This class is essential for businesses in telecom, internet, broadcasting, content delivery, and any communication-driven digital platform.

Importance of Class 38 in Modern Business

In the digital age, communication is foundational. Class 38 has become one of the most sought-after trademark classes, thanks to the explosion of:

• Mobile applications with messaging/calling
• Online media and entertainment platforms
• Internet and satellite services
• Livestreaming and broadcasting businesses

Registering your trademark under Class 38 ensures your brand name or logo is legally protected in the competitive communication services industry.

Services Covered Under Trademark Class 38

Trademark Class 38 offers protection for a wide array of services. Here’s a detailed categorization:

1. Telecommunication Services

These include all forms of communications over distances:

• Landline telephone services
• Mobile (cellular) communication services
• International and domestic calling services
• Conference call services (audio & video)
• Roaming and long-distance communication
• VOIP (Voice Over Internet Protocol) services like Skype
• Radio paging and messaging
• Facsimile (fax) transmission services

Example: A telecom operator like Airtel or Vodafone operating a calling and SMS service falls under this category.

2. Internet Services

Covers the provision and management of internet connectivity:

• Internet Service Providers (ISPs)
• Fiber, DSL, broadband, or 5G internet services
• Internet access through public or private networks (e.g., WiFi)
• Hosting internet-based messaging and communication platforms
• Mobile data services

Note: Although website hosting is in Class 42, providing access to the internet is Class 38.

3. Wireless and Satellite Communication

Includes all services using wireless transmission technology:

• Satellite communications and broadband
• Two-way radio communication services
• Wireless hotspots and access points
• GPS communication systems
• Walkie-talkie services
• Satellite TV signal distribution

Example: A company providing DTH satellite communication (like Dish TV signal broadcasting) is included here.

4. Broadcasting Services

Broadcasting encompasses dissemination of media content:

• Television broadcasting (live and recorded)
• Radio broadcasting (FM, AM, digital)
• Cable and satellite television services
• Online live streaming platforms (if you’re a service provider)
• News, music, and video channel streaming services
• Pay-per-view broadcasting

Note: Creating content (e.g., a production house) is in Class 41, but broadcasting that content is Class 38.

5. Streaming and On-Demand Services

This refers to digital transmission of audio, video, or multimedia content:

• Audio streaming (music services like Spotify)
• Video-on-demand services (like Netflix, Hotstar)
• Live event streaming platforms (e.g., Twitch)
• Podcasts distribution networks
• Webinars and online seminar streaming

Example: A company like YouTube (platform host and streaming provider) fits under Class 38. However, content creators are classified under Class 41.

6. Messaging and Chat Services

Modern messaging systems are central to this class:

• SMS and MMS services
• Internet-based messaging platforms (e.g., WhatsApp, Telegram)
• Business messaging APIs (like Twilio)
• Encrypted communication services (e.g., Signal)
• Email transmission services
• Chatbots and AI-assisted messaging systems

Example: If you build a platform that delivers secure enterprise messages or customer support chat via API, it is a Class 38 service.

7. Network and Communication Access Services

Enabling or facilitating access to communication systems:

• Leasing and renting access time to communication networks
• Providing user access to global computer networks (like the internet)
• Providing secure or dedicated communication lines
• Online forums and message board transmission

Example: Cloud-based P2P communication platforms and secured intranet access services fall here.

Examples of Trademark Class 38 Services

Services Not Covered Under Class 38

While Class 38 is broad, it excludes certain services:

• Software development for messaging apps- Class 42
• Content creation for videos and music- Class 41
• Advertising via telecommunications Class-  35
• E-commerce or digital marketplaces- Class 35
• Telecommunications equipment (devices)- Class 9
• Telecommunication consulting or training- Class 41 or 42
• Hosting websites or cloud storage- Class 42

Who Should Register Under Trademark Class 38?               

If your business facilitates or enables any kind of communication, you should consider registering in Class 38.

This includes:

• Telecom companies
• Internet Service Providers (ISPs)
• VoIP and call app companies
• OTT platforms and broadcasters
• Radio stations
• Music and video streaming platforms
• Podcast hosting and distribution platforms
• Messaging and video conferencing app developers
• Gaming platforms with voice chat features
• Online community and forum hosts

How to File a Trademark under Class 38

1. Conduct a Trademark Search

Use the official IP India website or WIPO to check for existing trademarks in Class 38.

2. Prepare an Application

• Use Form TM-A (India)
• Trademark logo or name
• Description of services (e.g., "VoIP services and video conferencing")
• Applicant details
• Class 38 selected as service category

3. Submit with Government Fee

• Individual/startup/small entity: ?4,500 (for online filing)
• Others: ?9,000 (for online filing)

4. Track & Monitor

• Watch for examination reports, oppositions, or objections.
• You may be asked to clarify services (so be precise in your description).

Conclusion

Trademark Class 38 is indispensable in the modern digital communication ecosystem. From traditional telephone networks to futuristic voice AI and metaverse chats, communication is rapidly evolving — and so is the need for intellectual property protection.

Whether you're a startup, tech giant, ISP, or broadcaster, securing your trademark in Class 38 ensures that your brand identity in telecom and digital communication is safe, unique, and enforceable. If you want to file trademark under any class, you can contact Online Legal India. Here you will get professionals to handle all your required services related to trademark filing. Contact Online Legal India to get flawless filing services for all types of trademark registration.