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Class 38

Eligibility

What Cannot be Registered

List of Goods

Related Classes

Register Your Class 38

FAQs

Trademark Class 38 - Overview

Telecommunications services fall under Trademark Class 38. These include communication services like telephone, internet, and broadcasting services. Therefore, Trademark Class 38 offers protection for brands related to telecommunication.

Trademark Registration under Class 38 secures exclusive rights in the telecommunication sector for your brand. This registration helps shield the services of your brand such as telecommunication infrastructure and internet service for broadcasting from infringement for the uniqueness of the brand in both domestic and international markets.

Class 38 trademark protection is essential to businesses regarding communication services. Class 38 protection prevents you from having competitors dilute your brand into their services. This makes you more visible within your market and strengthens the uniqueness of your brand.

With class 38 of trademark has to be renewed every 10 years, your brand will constantly be provided with legal security, and your brand will remain protected and recognised over time.

What is a Trademark Class 38?

A Class 38 trademark covers telecommunication and broadcasting services. It includes mobile networks, internet service providers (ISPs), television and radio broadcasting, streaming services, and email communications. This class is relevant for telecom companies, online media platforms, and digital communication services. It also covers satellite transmission and data communication services.

Eligibility for Trademark Class 38

Trademark Class 38 is one of the important classes for telecommunications, media, and technology companies which need to protect their trademarks. You can register different types of trademark under this class. Here is a detailed outline of the same:

  • Telephone Communication Services: This would include landline services, mobile communication, and voice-over-IP (VoIP) services
  • Internet Service Provision: Companies providing broadband, wireless internet, fiber optics, and data hosting solutions are covered
  • Video Streaming Services: The provision of live streaming, on-demand video content, and over-the-top (OTT) media services is included
  • Radio Broadcasting Services: This would include FM, AM, and digital radio broadcasting, as well as internet-based radio platforms
  • Teleconferencing Services: These include audio and video conferencing platforms used to communicate remotely and hold virtual meetings
  • Data Transmission Services: This includes services which enable data sharing, cloud communication, and digital messaging.

What Cannot Be Registered Under Trademark Class 38

Trademark Class 38 deals with communication, broadcasting, and data transmission services. However, there are some goods and services that cannot be placed under this class and are to be classified in other trademark classes. As per trademark class 38 description here are some of the key exclusions:

  • Radio advertising (Class 35).
  • Telemarketing services (Class 35).
  • Content or subject matter that could be included within the communication activity, such as downloadable image files (Class 9), services to provide information about business, on-line by means of a website (Class 35), providing films, television programs and movies not downloadable by video on demand services (Class 41).
  • Services comprised in telecommunications connections, for example online retail, digital music that can be downloadable (Class 35), as well as Internet banking (Class 36)
  • Broadcasting radio and television (Class 41).
  • Telecommunications technology consultancy (Class 42).
  • Online social networking services (Class 45).

Here are the Following Items in Detail That Are Covered Under Trademark Class 38

Telecommunication servicescommunications by telegrams, information about telecommunication, message sending, news agencies/wire service, satellite transmission, telecommunications routing and junction services, telegraph services, telex services, transmission of telegrams.
Broadcasting servicescable television broadcasting, providing telecommunication channels for teleshopping services, radio broadcasting, television broadcasting, wireless broadcasting.
Telephone and mobile telephone servicescellular telephone communication, communications by telephone, facsimile transmission, paging services [radio, telephone or other means of electronic communication], teleconferencing services, telephone services, voice mail services.
Computer communication and Internet accesscommunications by computer terminals, communications by fiber [fiber] optic networks, computer aided transmission of messages and images, electronic mail, electronic bulletin board services [telecommunications services], providing telecommunications connections to a global computer network, providing internet chatrooms, providing user access to global computer networks, providing online forums, rental of access time to global computer networks, transmission of greeting cards online, transmission of digital files, videoconferencing services.
Access to content, websites and portalsproviding access to databases.
Provision and rental of telecommunications facilities and equipmentrental of message sending apparatus, rental of facsimile apparatus, rental of modems, rental of telecommunication equipment, rental of telephones.

Related (Coordinated) Classes

Trademark Class 38 often overlaps with other classes that complement its focus on communication and broadcasting services. These related classes expand trademark protection across connected industries. Below are the key coordinated classes:

  • Trademark Class 9: Electronic Devices and Software Covers communication equipment, such as smartphones, routers, and software used in telecommunication services.
  • Trademark Class 35: Business and Advertising Services Includes advertising through communication platforms, marketing services, and business management for telecom companies.
  • Trademark Class 41: Media and Entertainment Services Covers production of films, TV programs, and educational content often distributed through broadcasting platforms.
  • Trademark Class 42: Technology and IT Services Includes software development, hosting services, and technical support for communication and broadcasting systems.
  • Trademark Class 45: Security Services Encompasses cybersecurity and privacy protection services for data transmission and telecommunication networks.

Looking to Register Your Trademark Under Class 38?

Before filing your trademark registration, it’s necessary to identify the accurate trademark classes for your product or service. Our free Trademark Search Tool helps you determine the appropriate class for your trademark registration process process and check if the proposed trademark is already registered.

Frequently Asked Questions

Trademark Class 38 includes services related to telecommunications, broadcasting, and data transmission. This encompasses telephone communication, internet services, video streaming, radio broadcasting, and teleconferencing. The class also covers services that enable communication, such as message sending, digital data transmission, and providing access to online platforms and portals.

Trademark Class 38 includes services related to building construction, repair, and installation. For example, WhatsApp provides a messaging application that allows users to send text messages, make voice and video calls, and share multimedia files such as photos and videos.

Yes, services involving message sending and communication can be registered under Trademark Class 38. This includes email services, SMS platforms, instant messaging, and chat applications. Businesses offering these services can trademark their brand, ensuring legal protection and establishing trust in the competitive telecommunications sector.

Broadcasting services are a core part of Trademark Class 38. This includes radio, television, and digital broadcasting, as well as live streaming of events and media content. Companies offering broadcasting services can register trademarks to protect their unique brand identity and maintain a competitive edge.

Internet and computer communication services are covered under Trademark Class 38. These include broadband provision, cloud communication, VoIP services, and online conferencing. Businesses offering these services can secure their trademarks to protect their brand while catering to the rapidly evolving technology and communication industry.

Yes, providing access to content, websites, and portals is included in Trademark Class 38. This covers platforms offering digital media access, e-commerce portals, and subscription-based content delivery. Companies providing such services can register their trademarks to establish brand identity and ensure legal protection.

Telephone and mobile telephone services are explicitly included in Trademark Class 38. This includes landline, mobile networks, and related communication services. Businesses offering telecommunication solutions can register their trademarks under this class to protect their brand in the competitive telecom industry.

Yes, the rental of telecommunications equipment is covered under Trademark Class 38. This includes renting devices like modems, routers, and satellite communication equipment. Companies involved in equipment rentals can trademark their services to build a strong brand presence and ensure legal protection.

Trademark Class 38 does not cover the production or manufacturing of telecommunication devices (Class 9), software development (Class 42), or content creation (Class 41). These services fall under separate classes, emphasizing the need for businesses to identify the appropriate trademark classification for comprehensive protection.

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