Trademark Class 38 of Nice Classification — the complete guide
Table: Main Services in Class 38
| Service | Description | Example |
|---|---|---|
| Telecommunication services | Providing communication services through various mediums | Internet service providers or mobile network operators |
| Broadcasting | Transmission of audio, video, or multimedia content | TV networks or online streaming platforms |
| Data transmission | Transfer of digital data over networks | Email services or cloud storage synchronization |
What is Trademark Class 38?
Trademark Class 38 covers services related to telecommunications, broadcasting, and data transmission. It encompasses businesses involved in connecting people and enabling communication over various networks.
Examples include mobile network providers, internet service providers, and companies offering streaming services.
This class is vital for the functioning of modern communication and media services.
What are key features of Class 38?
Key features include the ability to transmit data, facilitate communication, and provide multimedia content delivery services.
Class 38 for trademarks: a brief description
Class 38 includes services aimed at enabling communication, whether through wired, wireless, or satellite technologies. It also encompasses broadcasting services that provide access to multimedia content such as TV and radio.
This class supports the infrastructure and services that keep people connected globally.
Practical examples of Class 38
Examples include telecom companies providing mobile networks, streaming platforms offering live broadcasts, and email hosting services.
What Does Class 38 Include?
Class 38 is a broad category covering communication and broadcasting services relating to the transmission of information, access to networks, and facilitating communication between individuals and businesses. These services are very vital in facilitating connectivity and interaction across boundaries.
Services Class 38 Includes
The class embraces, within the context of communication, such things as digital transmission of data and messages by electronic mail. The class includes user access to global computer networks so that one can use an organization connected to the internet to get or distribute information using the online services.
The Class 38 additional services comprise radio and television broadcasting and video-on-demand transmission, both considered part of the entertainment and media sectors. Services such as providing internet chatrooms and online forums come under this class in support of interactive communication platforms for social and professional purposes.
Furthermore, this class includes services such as telephones and voice mail, teleconferencing, and videoconferencing. These are facilitations provided to enable communication, collaboration, and meetings from a distance, and thus they have become an integral part of today's world. Class 38 plays a great role in connecting the world and interchanging information through various communication services.
Trademark Class 38 does not include
While Class 38 is targeted at communication and broadcasting services, some activities are considered explicitly excluded from this class into other classes of trademarks. Normally, excluded activities would be those that make use of the communication platforms but do not relate to the transmission or broadcasting of information.
For instance, radio advertising and telemarketing services are classified under Class 35, as they involve promotional activities rather than communication services. Similarly, content or subject matter contained within communication activities, such as downloadable image files (Class 9) or providing business information via a website (Class 35), does not fall under Class 38. Providing non-downloadable films or television programs through video-on-demand services is classified under Class 41, as it relates to entertainment rather than broadcasting.
Additional Exclusions
Other excluded services are those provided by telecommunication links, including online retail services offering downloadable digital music, in Class 35, and online banking services, in Class 36. Similarly, the provision of services for the production of radio and television programs, insofar as this is a creative activity rather than actually broadcasting, also appears in Class 41.
Similarly, telecommunications technology consultancy falls under Class 42, as it involves technical services, not direct communication. Online social networking services for personal or professional purposes are in Class 45. These exclusions make sure that entrepreneurs classify their services accurately and avoid conflicts during trademark registration.
Full list of goods or services
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.