Trademark Classes · Class 38
Class 38 covers telecommunications services, including data transmission, broadcasting, and access to communications networks. Here is what it includes, what it excludes, and how to word it.
Class 38 is a services class covering telecommunications. It includes the transmission of data, voice, and images, broadcasting services, provision of access to communications networks and the internet, and message and video communication services.
The theme is the transmission of communications, the pipe, not the content or the device. The physical equipment is Class 9, and the content transmitted (entertainment, information) is Class 41 or 42. This page is part of our full guide to all 45 trademark classes, and to how protection works across jurisdictions in our overview of trademark law and protection.
Work out whether your product or service genuinely sits in Class 38 before you file, because a wrong class protects the wrong thing.
Telecom operators and carriers, internet service providers, broadcasters, and providers of messaging, video-conferencing, and network-access services. If your service transmits data, voice, or images, or provides access to a communications network, Class 38 is very likely your class. Our trademark class search helps you check which classes fit before you file.
The most common Class 38 mistakes come from classifying by the wrong feature. These closely related items sit elsewhere:
Phones and communications hardware are Class 9. Class 38 is the transmission service itself.
Providing entertainment content is Class 41; transmitting it is Class 38.
Web hosting and IT services are Class 42, not Class 38.
The Registry expects specific, standardised descriptions, not vague terms. Here are examples of clear, acceptable Class 38 wording:
| Instead of (vague) | Use (standardised) |
|---|---|
| “Telecom” | “Telecommunications services” · “Data transmission services” |
| “Broadcasting” | “Broadcasting services” · “Streaming of data” |
| “Messaging” | “Electronic messaging services” · “Video communication services” |
Each entry is specific and standardised. These are illustrative examples of acceptable phrasing, not legal advice for your filing; your exact wording should be drawn from the current NICE Classification and tailored to what your business actually does. Wording is a common cause of objections whether you file in India, the United States, Argentina, or elsewhere. For filing across several countries at once, see our global registration guide.
Class 38 covers telecommunications, the transmission of data, voice, and images, broadcasting services, provision of access to communications networks and the internet, and messaging and video-communication services. The theme is the transmission of communications itself, as distinct from the physical devices (Class 9) and the content being transmitted (Class 41 or 42).
Telecom operators and carriers, internet service providers, broadcasters, and providers of messaging, video-conferencing, and network-access services. If your service transmits data, voice, or images, or provides access to a communications network, Class 38 is likely your class.
Class 38 covers telecommunications, the transmission of data and communications over networks. Class 42 covers IT and technology services such as software, hosting, and platform development. So transmitting data is Class 38, but hosting a platform or developing software is Class 42. A tech business providing both connectivity and software may need both.
The transmission element of streaming, carrying the data over a network, falls in Class 38. However, providing the entertainment content itself, such as films or music, is a Class 41 service. So a streaming business often needs Class 38 for transmission and Class 41 for the entertainment content it provides.
Use specific, standardised terms such as telecommunications services, data transmission services, or broadcasting services, rather than vague words like communications. Draw wording from the current NICE Classification and tailor it to your services to reduce objection risk.
Whether you are protecting your brand in one market or several, we identify the classes you need and handle registration worldwide, worded to avoid an avoidable objection.
