Trademark Class 38, Telecommunications & Broadcasting
Trademark Class 38 covers services related to telecommunications, broadcasting, and data transmission. If your business provides communication services, such as internet access, video streaming, or teleconferencing, understanding how this class applies to your trademark registration is essential. In this guide, we’ll explore the details of Trademark Class 38, including its scope, coordinated classes, the importance of a trademark search, and acceptable specimens for registration.
What Are Trademark Classes?
Trademark classes are a classification system established by the United States Patent and Trademark Office (USPTO) to organize goods and services for trademark registration. This system consists of 45 distinct classes—34 for goods and 11 for services—designed to group similar offerings together. By categorizing trademarks, the USPTO streamlines the registration process and helps reduce conflicts between similar marks in different industries.
What Is Trademark Class 38?
Trademark Class 38 covers services related to communication, broadcasting, and data transmission.
As defined in the Nice Classification system, “Class 38 includes mainly services that allow at least one party to communicate with another, as well as services for the broadcasting and transmission of data.”
Simply put, this class includes services that enable individuals and businesses to send and receive information over various networks.
Fees for Trademark Class 38 Applications
The cost of a trademark application depends, in part, on the number of classes included in the filing.
If an application meets the basic requirements, the filing fee is $350 per class.
However, if the application does not meet these requirements, additional fees may apply. These include a $100 fee per class for missing information, a $200 per class fee for descriptions that do not match the USPTO’s Acceptable Identification of Goods and Services Manual, and a $200 fee per class for descriptions exceeding 1,000 characters.
Common Services in Trademark Class 38
The following services are included in trademark class 38:
- Sending digital files and emails
- Providing access to global computer networks
- Radio and television broadcasting
- Video-on-demand transmission
- Online chatrooms and discussion forums
- Telephone and voicemail services
- Teleconferencing and videoconferencing services
- Streaming of audio, video, audiovisual material
Services That Are NOT in Trademark Class 38
Some services may seem like they belong in class 38 but actually fall under different categories.
Understanding these distinctions can prevent filing errors:
- Radio advertising and telemarketing (Class 35) – These services focus on marketing rather than communication infrastructure.
- Downloadable digital content, such as images (Class 9) – The content itself, rather than the transmission, determines the classification.
- Video-on-demand services providing films and TV programs (Class 41) – While transmission falls under Class 38, the entertainment content itself belongs in Class 41.
- Online retail services for downloadable digital music (Class 35) – The sale of music is different from the transmission of data.
- Online banking (Class 36) – While conducted over telecommunication channels, financial services are classified separately.
- Radio and television program production (Class 41) – Creating content is different from broadcasting it.
- Telecommunications technology consultancy (Class 42) – Consulting services do not involve the actual transmission of data.
- Online social networking services (Class 45) – These services focus on social interactions rather than the infrastructure for communication.
Understanding Coordinated Trademark Classes
Some trademarks may require registration in multiple classes if their services overlap with related industries. Coordinated classes help identify goods and services that may be related, even if they fall under different classifications. When evaluating trademarks, the USPTO considers whether goods or services are identical, similar, commonly used together, sold by the same company, or marketed to the same audience.
The coordinated classes for trademark class 38 include:
- Class 35 – Advertising and business services
- Class 36 – Insurance and financial services
- Class 37 – Construction and repair services
- Class 39 – Transportation and storage services
- Class 40 – Material treatment services
- Class 41 – Education and entertainment services
- Class 42 – Computer, scientific, and legal services
- Class 43 – Hotels and restaurant services
- Class 44 – Medical, beauty, and agricultural services
- Class 45 – Personal services
- Certification marks and collective membership marks – Used for organizations that set quality standards or represent groups with shared interests.
A comprehensive trademark services provider will analyze these coordinated classes to ensure complete protection for a trademark.
Why a Trademark Search Is Essential for Class 38 Services
Before filing a trademark application, it’s critical to conduct a thorough trademark search to ensure the mark is unique and does not conflict with existing trademarks. This is particularly important in trademark class 38, where many businesses operate globally and may already have established trademarks.
A complete trademark search should include:
Federal and State Trademarks – Searching the USPTO database ensures there are no federally registered trademarks that may cause conflicts. State trademark databases help identify trademarks registered in specific states.
Common Law Trademarks – Not all trademarks are registered. Many businesses use unregistered trademarks in commerce, making it essential to search business directories, industry publications, and online sources.
Goods and Services Analysis – Even if two trademarks are not identical, conflicts can arise if they cover related goods or services.
Similarity Analysis – Trademarks that sound alike, look alike, or have similar meanings can also create conflicts. This analysis helps prevent application refusals based on the likelihood of confusion.
Given the complexity of trademark searches, hiring an expert like TradeMark Express ensures thorough research and minimizes the risk of rejection or legal disputes.
Acceptable Specimens for Trademark Class 38
When applying for a trademark, the USPTO requires a specimen—a real-world example showing how the trademark is used in commerce. For services, a specimen must directly associate the trademark with the services provided.
Examples of acceptable specimens for trademark class 38 include:
- Online advertisements or printed materials – A screenshot of an online ad or newspaper ad promoting cable TV or streaming services.
- Marketing materials – Brochures or flyers showing the trademark used in connection with video conferencing services.
- Signage – A sign displayed at a business offering video conferencing or messaging services.
- Invoices – Bills issued to customers for internet-based calling, messaging, or data services.
- Business cards and letterhead – Printed materials featuring the trademark and referencing podcast streaming or distribution services.
Conclusion
Trademark class 38 covers vital communication and broadcasting services, from digital file transmission to radio and television broadcasting. Understanding the scope of this class, identifying related services, and ensuring accurate classification is key to successful trademark registration. A comprehensive trademark search is crucial for avoiding conflicts, and filing a well-prepared application with the right specimens strengthens the chances of approval.
If you’re looking to register a trademark for telecommunications or broadcasting services, TradeMark Express can help. Our expert team ensures thorough research, accurate classification, and a streamlined application process, giving your brand the protection it deserves. Contact us today to get started on securing your trademark!