Introduction
In today’s interconnected world, communication is the backbone of commerce, entertainment, education, and social interaction. Businesses that facilitate voice calls, internet, messaging, online conferencing, OTT streaming, and digital transmission operate in a highly competitive and fast-moving space. To stand out, brand recognition is everything—and that starts with proper trademark protection.
Trademark Class 38 is specifically meant to protect telecommunication and digital communication services, including ISPs, VoIP platforms, video calling apps, streaming portals, and satellite communication services.
This guide explains:
- What falls under Class 38
- What doesn’t
- Who should register
- Indian and global trademark examples
- Legal benefits and filing process
- Common mistakes and pro tips
Legal Definition (India)
According to the Nice Classification (11th Edition) and The Trade Marks Act, 1999, Trademark Class 38 includes:
“Telecommunications.”
It covers all services that enable communication between persons, whether via voice, data, text, audio, or video, through wired, wireless, satellite, or internet-based systems.
Class 38 Covers the Following Services:
Traditional & Digital Telecommunication Services
- Landline and mobile network providers
- ISPs (Internet Service Providers)
- SMS gateway and bulk messaging services
- Wireless and broadband services
- Toll-free and customer care number hosting
- International calling and VoIP platforms
Messaging, Conferencing & Collaboration
- Instant messaging platforms (chat apps)
- Voice and video conferencing platforms
- Online collaboration tools (with messaging/call functions)
- Walkie-talkie apps and internal communication apps
- Unified communication systems (UCaaS)
Satellite & Signal Transmission Services
- Satellite TV or satellite communication
- Cable broadcasting
- Microwave signal transmission
- Undersea cable communication providers
- Data center-to-data center communication networks
Broadcasting & Streaming Services
- Live TV transmission over the internet
- OTT video platforms (e.g., Netflix, Hotstar)
- Online music streaming services (Spotify, JioSaavn)
- Podcast streaming platforms
- IPTV and online radio
App-Based Communication Services
- Audio or video calling apps (Zoom, Skype)
- Internet messaging services (WhatsApp, Telegram)
- Notification or alert systems (Push services)
- Corporate communication apps
- Chatbots with communication functions
Who Should Register Under Class 38?
If your business enables people or systems to communicate electronically or digitally, you belong in Class 38. This includes:
- Mobile network providers (Airtel, Jio, BSNL)
- Messaging app developers (Signal, Telegram)
- OTT platforms (Netflix, Disney+, SonyLIV)
- Internet calling platforms (Skype, Zoom, Google Meet)
- Live streaming platforms (Twitch, YouTube Live)
- Bulk SMS/email alert services
- ISP companies (ACT, Hathway, JioFiber)
- Satellite broadcasters and IPTV companies
- VoIP & SIP trunk service providers
- Online radio, podcasting, music streaming apps
What Is NOT Included in Class 38?
| Service | Correct Class |
|---|---|
| Telecom software and app development | Class 42 |
| Mobile handsets or routers (hardware) | Class 9 |
| Advertising via telephony | Class 35 |
| Technical support for communication apps | Class 42 or 45 |
| Hosting of websites or cloud servers | Class 42 |
| Digital education via video call | Class 41 |
Key Rule: If your service delivers or transmits communication, it’s Class 38. If it develops, educates, or advertises, it’s not.
Trademark Examples – Class 38 (India & Global)
| Brand Name | Service Filed Under Class 38 |
|---|---|
| AIRTEL | Mobile & broadband telecom services |
| RELIANCE JIO | 4G/5G services, internet, OTT, voice calls |
| VODAFONE IDEA | Telecom and network services |
| ZOOM | Video conferencing and communication |
| GOOGLE MEET | Web conferencing and video calling |
| NETFLIX | Video streaming and broadcasting |
| HOTSTAR | Live sports and OTT broadcasting |
| SPOTIFY | Audio and music streaming services |
| TATA SKY | Satellite TV and DTH services |
| TELEGRAM | Messaging and chat services |
Note: Most of these companies file in multiple classes—e.g., Class 9 (software), Class 38 (communication), Class 42 (tech infrastructure).
Why Trademark Class 38 is Essential
In digital communication, brand trust equals reliability. A trusted name ensures data safety, privacy, and performance.
Key Business & Legal Benefits:
- Protect your app or platform name against clones
- Required for Google Play and App Store listing
- Prevent brand misuse in similar apps/services
- Useful during fundraising, licensing, and M&A
- Required for telecom compliance, TRAI licensing, or OTT registration
- Safeguards voice/video technologies and branding slogans
- Supports registration of sub-services (e.g., call, SMS, VoIP)
How to File a Trademark in Class 38
Step-by-Step Process:
- Trademark Search: Check IP India Public Search to ensure availability of your brand name/logo.
- Draft Form TM-A Application: Use clear descriptions like: “Telecommunication services; internet-based messaging and voice calling; OTT streaming and media broadcasting.”
- File Online via Portal or Agent: Apply on ipindiaonline.gov.in or via an authorized attorney.
- Examination by Registrar: Registrar checks for conflict and descriptiveness.
- Publication in Journal: Open for 4 months to receive public objections.
- Trademark Registered: If unopposed, registration is granted valid for 10 years, renewable.
Documents Required:
- PAN/Aadhaar of applicant
- Logo (if device mark)
- TM-48 (if filing via trademark agent)
- MSME certificate (optional for fee rebate)
- App interface, screenshots, or demo URL (optional but recommended)
Global Filing – Madrid Protocol (Class 38)
Expanding your platform to international users? Protect your brand in 100+ countries through Madrid Protocol under Class 38.
| Jurisdiction | Trademark Class |
|---|---|
| India | Class 38 |
| USA | Class 038 |
| EU | Class 38 |
| UK | Class 38 |
| WIPO (Madrid) | Class 38 |
Especially useful for:
- OTT and streaming brands
- Communication app developers
- International voice/messaging platforms
- ISPs with cross-border presence
Common Mistakes in Class 38 Filing
- Confusing app/software development (Class 42) with service delivery (Class 38)
- Filing hardware brands (e.g., routers, modems) under Class 38—they belong in Class 9
- Not registering sub-services like “AppX Calls”, “AppX Video Meet”
- Forgetting to trademark app icon or logo
- Using unclear terms like “digital services” instead of specifics
Always file for:
- Word mark (name)
- Logo (device mark)
- App series and features (as individual trademarks if needed)
Smart Tips for Class 38 Trademark Filers
- Mention specific services: voice, messaging, conferencing, streaming
- OTT platforms should mention “media broadcasting” and “on-demand streaming”
- Call providers must include “VoIP” or “internet calling”
- ISPs should describe “broadband, fiber, wireless data services”
- Satellite/TV companies must include “transmission via satellite or cable”
FAQs – Trademark Class 38
- Q1. Is my messaging app eligible under Class 38? ✅ Yes.
- Q2. Is a podcast or music streaming app covered? ✅ Yes.
- Q3. Is mobile recharge or DTH service included? ✅ Yes.
- Q4. What about hardware like routers and SIM cards? ❌ No, those go in Class 9.
- Q5. Is video conferencing part of this class? ✅ Yes.
- Q6. Are content creators on OTT platforms required to file in Class 38? ❌ No. Creators should use Class 41.
- Q7. Is internet radio included? ✅ Yes.
- Q8. Can I file the brand name and app icon together? ✅ Yes, and it’s recommended.
- Q9. What about telecom support centers? ✅ Yes, if they facilitate user communication or connectivity.
- Q10. Are bulk SMS services covered? ✅ Yes.
Conclusion
Trademark Class 38 is essential for businesses that enable communication via telecom networks, internet, or apps. Whether you operate a broadband service, OTT platform, video calling app, or messaging tool, your brand must be protected legally to survive in a competitive, global, tech-driven market.
At RegistrationMART, we help:
- Choose the right communication service description
- File Class 38 trademarks for telecom and tech firms
- Register word marks, logos, app names, and taglines
- Respond to objections and manage international protection
- Coordinate brand registration across multiple classes for hybrid apps
🔐 Get Expert Help Today
📞 Call Us: +91-7201000259
🌐 Visit: www.registrationmart.in
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