Trademark Class 38: Telecommunications Services
Class 38 of the Nice Classification covers telecommunications services: services that let people communicate and services that broadcast and transmit data. Internet providers, telecom operators, broadcasters and chat or video-call platforms in India usually file here.
What class 38 covers
The official class heading is simply “Telecommunications services.” The explanatory note says it covers services that allow at least one party to communicate with another, and services for broadcasting and transmitting data.
Named examples include transmission of digital files and email, providing user access to global computer networks, radio and television broadcasting, video-on-demand transmission, internet chatrooms and online forums, telephone and voice mail, and teleconferencing and videoconferencing. India follows the current Nice edition, NCL 13-2026, in force since 1 January 2026.
Common services in class 38
Connectivity
- Internet service provision
- Mobile and fixed-line telephone
- Broadband and Wi-Fi access
- Voice mail
Broadcasting
- Radio broadcasting
- Television broadcasting
- Video-on-demand transmission
- Streaming transmission
Online communication
- Chatrooms and online forums
- Email and message transmission
- Video and teleconferencing
- Digital file transmission
What is not in class 38
Class 38 covers the pipe, not what flows through it. Content and services carried over telecom networks go elsewhere:
| Item | Where it goes |
|---|---|
| Downloadable images, music or software | Class 9 |
| Online advertising and telemarketing | Class 35 |
| Online banking | Class 36 |
| Films and shows via video-on-demand, programme production | Class 41 |
| Telecom technology consultancy, software as a service | Class 42 |
| Online social networking | Class 45 |
In practice, a local broadband operator in Faridabad that starts its own TV channel moves from pure transmission into content. That is the moment to add Class 41.
Who usually files in class 38
Internet and telecom providers
Broadband operators, local cable internet providers and VoIP or calling services.
Broadcasters
Radio stations, TV channels and streaming services that transmit content to viewers.
Communication platforms
Apps and websites offering chat, forums, messaging or video calls.
Tips before filing
Map the full class set for an app
A communication app often needs Class 9 for the downloadable app, Class 42 for the online software, and class 38 for the messaging itself. Three classes, one product.
Add Class 41 for content
A broadcaster or OTT service that produces or offers shows needs Class 41 for the entertainment content, alongside class 38 for transmission.
Search tech-sounding names carefully
Words like “net”, “tel” and “link” are common. Search the IP India register first by word and by sound.
Use a distinctive name
Descriptive names such as “Fast Broadband” face objection under Section 9(1)(b). A coined word makes filing the trademark application smoother.
Frequently asked questions
Does class 38 protect my streaming content?
No. Class 38 covers transmission, the act of delivering content over a network. The films, shows or music themselves fall under Class 41 when provided online, or Class 9 when downloadable. Most OTT and streaming businesses file in both class 38 and Class 41. One Form TM-A can cover both, with the government fee charged per class.
Can one application cover class 38 and class 41 together?
Yes. Section 18(2) of the Trade Marks Act, 1999 allows a single application for several classes, but the government fee is charged for each class. So a brand filed in class 38 and class 41 pays two class fees on one Form TM-A. We will tell you which classes are worth the fee before we file.
Is a messaging app in class 38 or class 9?
Usually both. The downloadable app is goods in Class 9, while the messaging and chat service it delivers is class 38. If the app runs only online with no download, Class 42 covers the software side. Social networking features go to Class 45. We will look at what your app does and file the classes that match it.
How long does a class 38 registration last?
A registered trademark lasts ten years and can be renewed every ten years after that without limit. Under Section 23(1) of the Trade Marks Act, 1999 the registration counts from the date of application, and Section 25(1) sets the ten-year term. You can renew on Form TM-R up to one year before expiry, and even a missed renewal can be saved within the grace period, so the brand stays yours as long as you keep it alive.
What is the government fee for a class 38 trademark?
The government fee on Form TM-A is ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for others. Paper filing costs ₹5,000 and ₹10,000 respectively, so online filing is the cheaper route. Each extra class you add is charged at the same rate. Our professional fee is quoted separately before you commit, so you know the full cost before we start.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
The government fee on Form TM-A is ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for everyone else. Paper filing costs more (₹5,000 and ₹10,000). We file online.
Ready to begin?
Tell us your telecom, broadcasting or app brand, and we will map class 38 and the classes it needs beside it.