Trademark Class 38: Telecommunication & Broadcasting Services

Trademark Class 38 in India covers telecommunication and broadcasting services that enable the transmission of information between people or systems. In the Indian trademark framework, this class helps distinguish and protect brands operating in telecom, broadcasting, and digital communication services.

That need for clear ownership grows as live transmissions, streaming platforms, and digital communication services multiply. Trademark registration is no longer a mere legal formality, but a strategic necessity. As the market expands, identities blur faster, and reputations slip easily. Securing the brand early helps communication businesses scale, partner, and compete without losing what makes them recognizable.

This blog walks you through everything you need to know about Trademark Class 38, from the services it covers to why registration is essential for your business.

What is Trademark Class 38 in India?

Trademark Class 38 protects the identity of businesses that power telecommunication and broadcasting services. Trademark Class 38 focuses on the transmission of information and communication rather than the content or technology used. In simple terms, it safeguards the brand behind the connection, not the hardware, software, or creative content itself.

This class is part of the Nice Classification system, an international standard for categorizing goods and services for trademark registration. In India, the Trade Marks Act, 1999, regulates the registration and enforcement of trademarks. 

Trademark registration under Class 38 offers various benefits. It:

• Gives businesses exclusive rights to their brand in telecom and broadcasting.
• Prevents competitors from using similar names or logos that confuse users.
• Builds trust and credibility with customers, partners, and investors.
• Makes expansion, franchising, and licensing easier while protecting the brand.
• Provides strong legal support in disputes under the Trade Marks Act, 1999.
• Keeps the brand identity distinct and recognizable in the market.
• Helps businesses stand out in a crowded digital and broadcasting space.

Who Should Register Under Trademark Class 38?

Businesses that enable people to communicate, transmit information, or broadcast content over various channels should register under this trademark class.

Typical examples include:

• Telecom operators and internet service providers (ISPs)
• Cable, DTH, and satellite television broadcasters
• Radio stations and streaming platforms
• Video conferencing and internet calling services
• Any business offering data transmission or live broadcasting services

When businesses register under Class 38, they protect their brand identity and prevent trademark infringement.

What are the Services Covered Under Trademark Class 38?

Once you understand what Class 38 protects, the next step is knowing the comprehensive list of services that fall within it. Here’s a breakdown of the key services under the Class 38 trademark protection:

Category	Examples of Services
Telecommunication Services	Streaming and OTT transmission platforms, live digital broadcasts, video conferencing services, messaging platforms, webinar transmission, and podcast transmission
Broadcasting Services	Television broadcasting (satellite, cable, DTH), radio broadcasting (FM, AM, internet radio), live news transmission
Digital, OTT & Online Communication	Email transmission services, secure electronic messaging, and enterprise communication systems
Electronic Mail & Messaging Services	Providing access to telecom networks, managed connectivity services, communication gateways, and access time to global computer networks
Online Communication Platforms	Chat rooms, online forums, virtual communication platforms, community-based messaging services
Data Transmission & Network Services	Transmission of audio, video, images, and data; telecommunication routing and switching; network traffic management
Telecommunication Network Access	Satellite signal transmission, international telecommunication services, and global network access
Satellite & Global Communication	Transmission of news and information via telecommunications, wire, or news agency transmission services
Multimedia Transmission Services	Transmission of music, videos, and audiovisual content over networks (excluding content creation)
Message Transmission Services	Text, image, voice, and multimedia message transmission services for others
Paging & Legacy Communication Services	Paging services, telegraph services, telex services
News & Information Transmission	Geolocation communication services are provided via telecommunication networks
Database & Information Access Services	Providing telecommunication-based access to online databases and information networks
Rental of Telecommunication Equipment	Rental or leasing of telephones, modems, facsimile apparatus, and communication equipment
Location-Based Communication Services	Geolocation communication services provided via telecommunication networks
Telecommunication Channels & Infrastructure Use	Providing telecommunication channels for teleshopping, remote services, and digital connectivity

If your business offers any of these services, Class 38 is usually the right category for you. Even brands like Airtel, Jio, and SonyLIV rely on Class 38 trademark protection to safeguard their identity.

Which Services are Not Covered Under Trademark Class 38?

While Trademark Class 38 protects telecommunication and broadcasting services, it excludes certain related areas. Businesses in these areas must consider other trademark classes:

• Communication hardware and devices: Telephones, routers, modems, and other equipment (Class 9).
• Software and apps: Messaging, communication, or broadcasting software itself (Class 9).
• Content creation and media production: Films, TV shows, radio programs, podcasts, or news articles (Class 41).
• OTT content creation: Producing or curating original content for OTT platforms (Class 41). Transmission of existing content falls under Class 38.
• Advertising and marketing services: Promotion, media buying, or brand campaigns (Class 35).
• Technology manufacturing and development: Building networks, servers, or broadcast equipment (Class 7 or 42).

Understanding these exclusions helps businesses avoid filing in the wrong class, which prevents delays or weaker protection. You can also use RegisterKaro’s trademark Class Finder to find the right class and secure your brand effectively.

How to Register a Trademark Under Class 38 in India?

If your telecommunication or broadcasting service has not launched yet, you can file a Class 38 trademark in India on a “proposed to be used” basis. On the other hand, if your service is live in the market, you can file it as an “already in use” trademark.

Here’s how you can file a trademark under Class 38 in India:

1. Conduct a Trademark Search: Check the Indian Trademark Registry to ensure your brand name or logo is unique and not already in use under Class 38. RegisterKaro’s trademark availability check tool can also help identify if your desired name or logo is available.
2. Identify the Correct Class: Clearly define that your service falls under Class 38 (telecommunication and broadcasting services).
3. Prepare the Application: Fill out the application Form TM-A with all required details, including the brand name, logo, and service description.
4. File the Application: Submit your application online through the official IP India website or physically at a Trademark Registry office.
5. Examination by the Registry: The Trademark Office actively examines your application to identify conflicts, similarity with existing trademarks, or compliance issues.
6. Respond to Objections (if any): If the office raises trademark objections, provide clarifications or amendments as needed.
7. Publication in the Trademark Journal: Once accepted, your trademark is published in the Trademark Journal for a period of 4 months. This allows third parties to oppose the trademark.
8. Registration Certificate: If no third parties file trademark oppositions or you resolve them in your favor, the Trademark Registry registers the trademark

The Trademark Registry issues you a certificate valid for 10 years. Trademark renewal can be done indefinitely to ensure ongoing protection for your brand.

Ready to secure your brand under Class 38? RegisterKaro makes the entire trademark registration process simple and seamless. Protect your telecommunication or broadcasting brand today and stay ahead of imitators. Contact us today!

Multi-Class Filings: Trademark Classes Similar to Class 38

Many businesses in telecommunication and broadcasting operate across multiple areas, which can involve software, devices, or content creation. In such cases, filing in multiple trademark classes ensures broader protection and reduces legal risks. 

Here are some trademark classes that are commonly filed alongside Class 38 for broader brand protection:

Trademark Class	What It Covers	Relation to Class 38
Class 9	Communication devices, software, apps, computers, and digital tools	Covers the hardware and software that support communication services, not the services themselves
Class 41	Education, training, and content creation services	Includes media production, broadcasting programs, and content-related services
Class 35	Business management, advertising, and marketing	Covers promotional services for telecom or broadcasting brands
Class 42	Technology and IT services, scientific research	Includes developing, maintaining, or managing telecommunication networks and digital infrastructure
Class 45	Legal services	Relevant for companies offering consultancy or regulatory services in broadcasting and communication

Take the example of Zee TV, a leading Indian media and entertainment brand, which protects its broadcasting identity under Class 38. Moreover, it uses Class 41 for content production and Class 35 for marketing and promotions. 

Common Pitfalls When Filing Under Class 38 and How to Avoid Them

Filing a Class 38 trademark in India may seem simple, but mistakes can delay registration or weaken protection. Knowing the common pitfalls and their solutions helps you avoid trouble. Some of them are:

• Choosing the Wrong Class: Some businesses file under Class 38 when their services belong to Class 9 (software/hardware) or Class 41 (content production). Define your service clearly before filing.
• Vague Service Description: Broad or unclear terms can trigger objections. Describe your communication or broadcasting service precisely.
• Ignoring Multi-Class Needs: Filing only under Class 38 may leave other services unprotected. Consider multi-class filings for software, content, or marketing.
• Delaying Registration: Waiting until after launch increases the risk of imitation. File early, ideally before going public.
• Skipping Trademark Search: Not checking existing trademarks can cause rejection or disputes. Conduct a thorough search in Class 38 and related classes.
• Not Responding to Office Actions: Ignoring objections or deadlines can lead to refusal. Respond promptly with required clarifications or amendments.

Avoiding these mistakes helps businesses prevent costly disputes for their telecommunication and broadcasting brand.

At RegisterKaro, we help businesses tackle common pitfalls in trademark registration and secure strong protection under Class 38. With years of experience in telecommunication and broadcasting, we guide you through every step and ensure your brand stays fully protected.

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