Trademark Class 38: Telecommunications
Telecommunications services: services that allow at least one party to communicate with another, and services for the broadcasting and transmission of data, rather than the content itself.
What Class 38 covers in practice.
Class 38 covers the channel, not what travels through it. It protects services that let people communicate or that carry and broadcast data: telephone and mobile services, internet access and broadband, radio, television, cable and satellite broadcasting, streaming and video-on-demand transmission, email and message transmission, video and teleconferencing, online forums and chatrooms, news agency services, and rental of telecom equipment such as modems and smartphones.
The explanatory note is strict about content and about services that merely use a network. Films and shows offered through video-on-demand are Class 41, business information on a website is Class 35, and downloadable image files are Class 9. Online retail stays in Class 35, online banking in Class 36, social networking in Class 45 and telecom technology consultancy in Class 42. Typical Indian filers are telecom operators, broadband and Wi-Fi providers, cable TV and direct-to-home (DTH) operators, TV and radio channels, streaming platforms protecting the transmission side, messaging and video-call apps, and news agencies.
Not in Class 38
Goods and services often confused with this class, and the class they actually belong to.
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Films and web series on an over-the-top (OTT) streaming platform Class 41 ↗
Providing films and television programmes, not downloadable, via video-on-demand services is content, which the Class 38 note places in Class 41.
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Production of TV, radio or podcast content Class 41 ↗
Production of radio and television programmes is excluded from Class 38, and Class 41 also lists production of podcasts.
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Online social networking services Class 45 ↗
The Class 38 note specifically excludes online social networking services and places them in Class 45.
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Online, radio and television advertising Class 35 ↗
Advertising carried over a network or broadcast is still advertising, so the note sends it to Class 35.
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Downloadable music, images or other digital files Class 9 ↗
The note treats downloadable content such as image files as Class 9 goods, and Class 9 also lists downloadable music files.
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Telecommunications technology consultancy Class 42 ↗
Technical consultancy on telecom technology is excluded from Class 38 and classified with technological services in Class 42.
What actually falls under Class 38.
The official heading is a legal category, not a shopping list — here are specific products and services from Class 38 people actually search for.
Broadcasting services
Geolocation services (telecommunications)
Internet service provider (ISP)
News agency services
Distributing news to other outlets is Class 38; news reporters services and online publications are Class 41. NCL 13-2027 rewords this term as transmission of news by news agencies.
Providing access to blockchain networks
Providing access to databases
Providing online forums and chatrooms
Hosting a discussion forum or chatroom is Class 38. Online social networking services are Class 45.
Rental of telecommunication equipment
Renting out phones, modems or other telecom equipment is Class 38. The phones and modems themselves, as goods, are Class 9.
SMS / messaging services (transmission)
Satellite transmission
Streaming services (data transmission)
Telecommunications routing and junction services
Telecommunications services
Transmission of podcasts
Only the transmission is Class 38. Producing the podcast is Class 41.
Video conferencing services
Voice mail services
Which class is my product or service in?
Straight answers for the specific items people search for under Class 38.
Both are usually relevant. Class 38 covers the transmission side, such as streaming of data and video-on-demand transmission. The films, series and shows offered to viewers are content: providing films or television programmes, not downloadable, via video-on-demand services is Class 41. The downloadable app is a Class 9 good. Content-led platforms generally treat Class 41 as essential and add Class 38 for the transmission service.
Transmitting messages, voice and video between users is Class 38, which lists message sending, transmission of digital files and videoconferencing services. The downloadable app is Class 9, and providing non-downloadable software as a service is Class 42. If users build profiles and connect socially, online social networking services are Class 45.
Usually not. Publishing news, videos and articles is content: news reporters services, providing online videos, not downloadable, and providing online electronic publications, not downloadable, are Class 41. Class 38 applies to the transmission business itself, such as television broadcasting, streaming of data or news agency services that distribute news to other outlets. A channel that only uploads to a third-party platform is not providing the transmission.
Yes. Cable television broadcasting, television broadcasting and satellite transmission are all Class 38 services. Antennas, television apparatus and other equipment sold as goods are Class 9, and producing channels or programmes is Class 41, which covers production of radio and television programmes. An operator that also runs its own channels may need Class 41 alongside Class 38.
No. The explanatory note excludes services that are merely conducted over telecommunication connections; they are classified by what is actually provided. Online retail of downloadable music is Class 35, online banking is Class 36, online advertising is Class 35, and education or training delivered online is Class 41. Class 38 is only for businesses whose service is the communication or transmission itself, such as internet access, telephony or broadcasting.
Telecommunications services: services that allow at least one party to communicate with another, and services for the broadcasting and transmission of data, rather than the content itself.
Common examples include: Broadcasting services, Geolocation services (telecommunications), Internet service provider (ISP), News agency services, Providing access to blockchain networks, Providing access to databases, Providing online forums and chatrooms, Rental of telecommunication equipment.
Broadcasting services falls under Trademark Class 38 — Telecommunications.
Geolocation services (telecommunications) falls under Trademark Class 38 — Telecommunications.
Internet service provider (ISP) falls under Trademark Class 38 — Telecommunications.
News agency services falls under Trademark Class 38 — Telecommunications. Distributing news to other outlets is Class 38; news reporters services and online publications are Class 41. NCL 13-2027 rewords this term as transmission of news by news agencies.
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