Class 38 is one of the 11 service classes in the Nice Classification, which India follows under the Trade Marks Act. It covers telecommunications services. Carrying signals, data and communications for others, including internet access, streaming transmission and messaging.
Government fee ₹4,500 per class (₹9,000 for non-MSME companies); our professional fee ₹10,000, search to certificate. Fees page.
What Class 38 covers
Official heading: Telecommunications services.
Typical services filed in Class 38 in India:
- Mobile and broadband services
- Internet service provision
- VoIP and video-conferencing transmission
- Messaging and chat services
- Streaming transmission of audio and video
- Satellite and cable TV transmission
- Web hosting as telecommunications access
- Podcast and radio broadcasting
- Telecom tower and network services
- Email and SMS gateway services
- Providing online forums and chatrooms
- Bulk messaging and OTP delivery
Who files in Class 38
- Telecom operators and ISPs
- OTT and streaming platforms, for the transmission element
- Communication and messaging apps
- Broadcasters
- Cloud-communication providers
Classes often filed alongside Class 38
A trademark protects the mark only for the services it is registered for. These are the classes that Class 38 applicants most often need as well, and why:
- Class 9, Electronics and software: the communication app or device.
- Class 41, Education and entertainment: the content being streamed or broadcast.
- Class 42, Software, IT and design services: software platforms and hosting.
- Class 35, Advertising, business and retail: advertising sold on the platform.
What to watch in Class 38
Filing in Class 38
Describe the specific services you deal in rather than the whole class; the class cannot be changed after filing. We search Class 38 and its companions free of charge before you file. See the process, objection and status guides for what follows.
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Frequently asked questions
What is Class 38 in trademark registration?
Class 38 is the Nice Classification class for telecommunications services. In India a trademark is registered class by class, so a Class 38 registration protects the mark for those services only.
What is the difference between Class 38 and Class 41?
Class 38 covers telecommunications; Class 41 covers education and entertainment. Class 41 is the one for the content being streamed or broadcast.
Should I file in Class 38 and Class 9 together?
Often, yes. Class 9 is the one for the communication app or device. A mark registered in one class does not stop a competitor using it in another, and we advise on the class set before filing so you pay only for the classes you need.
Are mobile and broadband services in Class 38?
Yes. Mobile and broadband services are among the typical services filed in Class 38, along with internet service provision and voip and video-conferencing transmission.
Which businesses usually register in Class 38?
Typically telecom operators and ISPs, OTT and streaming platforms, for the transmission element, communication and messaging apps, broadcasters and cloud-communication providers. Each files for the specific services it deals in, often alongside Class 9.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.