What Trademark Class 38 Covers
Class 38 includes mainly services that allow at least one party to communicate with another, as well as services for the broadcasting and transmission of data.
This class includes, in particular
- transmission of digital files and electronic mail
- providing user access to global computer networks
- radio and television broadcasting
- video-on-demand transmission
- providing internet chatrooms and online forums
- telephone and voice mail services
- teleconferencing and videoconferencing services
What Class 38 Does Not Cover
These look close to Class 38 but are classified elsewhere. Filing them here draws an objection, so pick the class named in brackets.
- content or subject matter that may be contained in the communication activity, for example, downloadable image files (Class 9), providing business information via a website (Class 35), providing films and television programmes, not downloadable, via video- on-demand services (Class 41)
- online advertising on a computer network, radio advertising, television advertising (Class 35)
- services conducted using telecommunication connections, for example, online retail services for downloadable digital music (Class 35), online banking (Class 36)
- telemarketing services (Class 35)
- production of radio and television programmes (Class 41)
- telecommunications technology consultancy (Class 42)
- online social networking services (Class 45)
Services in Trademark Class 38
Use these wordings in the specification of your application. Each carries its basic number in the Nice list. A description outside the list is allowed, but it must be specific enough for the Registry to classify.
| Basic No. | Service |
|---|---|
| 380021 | cable television broadcasting |
| 380023 | communications by computer terminals |
| 380030 | communications by fibre optic networks / communications by fiber optic networks |
| 380008 | communications by telegrams |
| 380010 | communications by telephone |
| 380024 | computer aided transmission of messages and images |
| 380036 | electronic bulletin board services [telecommunications services] |
| 380026 | facsimile transmission |
| 380056 | geolocation services [telecommunications services] |
| 380004 | message sending |
| 380022 | mobile telephone communication services / cell phone communication services |
| 380012 | news agency services |
| 380028 | paging services [radio, telephone or other means of electronic communication] |
| 380057 | providing access to blockchain networks |
| 380044 | providing access to databases |
| 380058 | providing chatrooms in virtual environments |
| 380027 | providing information in the field of telecommunications |
| 380043 | providing internet chatrooms |
| 380050 | providing online forums |
| 380059 | providing online virtual reality-based forums for work collaboration |
| 380042 | providing telecommunication channels for teleshopping services |
| 380037 | providing telecommunications connections to a global computer network |
| 380040 | providing user access to global computer networks |
| 380003 | radio broadcasting |
| 380052 | radio communications |
| 380041 | rental of access time to global computer networks |
| 380031 | rental of facsimile apparatus |
| 380029 | rental of message sending apparatus |
| 380032 | rental of modems |
| 380055 | rental of smartphones |
| 380033 | rental of telecommunication equipment |
| 380060 | rental of telephone answering apparatus |
| 380034 | rental of telephones |
| 380035 | satellite transmission |
| 380051 | streaming of data |
| 380038 | telecommunications routing and junction services |
| 380039 | teleconferencing services |
| 380007 | telegraph services |
| 380009 | telephone services |
| 380005 | television broadcasting |
| 380011 | telex services |
| 380047 | transmission of digital files |
| 380025 | transmission of electronic mail |
| 380046 | transmission of greeting cards online |
| 380054 | transmission of podcasts |
| 380006 | transmission of telegrams |
| 380053 | video-on-demand transmission |
| 380049 | videoconferencing services |
| 380045 | voice mail services |
| 380048 | wireless broadcasting |
A slash separates alternative wordings of the same item. An asterisk marks an item whose name also appears in other classes, depending on its purpose.
Filing a Trademark in Class 38
The Trade Marks Registry classifies goods and services by the current edition of the Nice Classification (rule 20, Trade Marks Rules, 2017). One application in Form TM-A can cover Class 38 alone or several classes together; the fee is charged for each class.
| Applicant | E-filing, per class | Physical filing, per class |
|---|---|---|
| Individual, start-up or small enterprise | ₹4,500 | ₹5,000 |
| Any other applicant | ₹9,000 | ₹10,000 |
Government fee for Form TM-A under the First Schedule to the Trade Marks Rules, 2017. Professional charges are separate.
- Search the mark in Class 38 and in the related classes before filing.
- Describe the services in the words of the list wherever they fit.
- File in every class you trade in; protection does not extend to a class you left out.
Official documents behind this page
- WIPO, Nice Classification, 13th Edition, Version 2026In force from 1 January 2026: class heading, explanatory note and the list of goods and services. Source: World Intellectual Property Organization (WIPO), which holds the copyright in the Classification.
- Trade Marks Rules, 2017, rule 20Goods and services are classified as in the current edition of the Nice Classification published by WIPO.
- Trade Marks Rules, 2017, First Schedule, entry 1Fee for Form TM-A, payable for each class.
- Trade Marks Act, 1999, section 18(2)One application may cover different classes, with the fee payable for each class.
Disclaimer: This guide is general information based on the law and notifications in force when it was last updated. It is not professional advice for your case — rates, thresholds and due dates change, so check the current position with the official source before you act on it.