If your business provides telecommunications, broadcasting, digital communication, OTT streaming, data transmission or internet-based communication services, then Trademark Class 38 is the correct category for brand protection.
This detailed Trademark Class 38 FAQ will help you understand what the class covers, what it excludes, required documents, costs and filing steps in India.
For expert help with trademark filing, explore our Trademark Registration Services → (https://dealintax.com/blog/trademark-registration-services-dealintax/)
What is Trademark Class 38?
Trademark Class 38 includes a wide range of telecommunication and digital communication services, such as:
- Internet services
- Telecommunication gateways
- Broadcasting services (TV, Radio, OTT)
- Data transmission services
- Messaging and chat services
- VoIP & cloud communication
- Satellite communication
- Cable TV services
- Streaming platforms
For the complete classification, refer to the official WIPO Nice Classification → (https://www.wipo.int/en/web/classification-nice)
FAQ on Trademark Class 38
1. What services fall under Trademark Class 38? (Trademark Class 38 FAQ)
Trademark Class 38 covers:
- Telecommunications and voice communication
- SMS, MMS, instant messaging
- Email services
- Data transfer and distribution
- Cloud communication services
- OTT streaming and webcasts
- Radio & television broadcasting
- Podcast broadcasting
- Internet service provider (ISP) services
- Teleconferencing and video conferencing
If your business facilitates communication or broadcasting, this is your class.
2. What is not covered under Trademark Class 38?
Trademark Class 38 does not include:
- Software development (Class 42)
- Media production (Class 41)
- Advertising services (Class 35)
- IT hardware manufacturing (Class 9)
Many businesses offering both communication and software services file in multiple classes.
3. Do OTT platforms need to file under Trademark Class 38?
Yes.
If you provide:
- Streaming services
- Webcasts
- Digital broadcasting
Then Class 38 applies.
Content creation, however, also falls under Class 41.
4. Does a telecom company need Trademark Class 38?
Absolutely.
Class 38 covers all:
- Mobile network operators
- Internet providers
- Satellite communication companies
- Broadband service companies
5. Do messaging apps fall under Trademark Class 38?
Yes.
Chat apps offering:
- Instant messaging
- Voice calls
- Video calls
- Chatrooms
Must file under Trademark Class 38.
6. What documents are required for filing a trademark under Class 38?
You need:
- Identity proof
- Address proof
- Logo (optional but helpful for brand identity)
- Udyam/MSME certificate (optional for reduced government fee)
- TM-48 Authorization
- Business registration documents (for companies)
Dealintax prepares and files everything for you.
7. What is the cost of filing a Trademark Class 38 in India?
Government fee:
- ₹4,500 for individuals / MSMEs
- ₹9,000 for companies
Professional fees apply separately.
8. How long does Trademark Class 38 registration take?
Timeline:
- Filing: Same day
- Examination: 1–3 months
- Journal publication: 3–6 months
- Registration: 6–18 months
Trademark validity: 10 years, renewable continuously.
9. Do VoIP or cloud communication service providers need Class 38?
Yes.
Trademark Class 38 covers:
- VoIP services
- Cloud-based communication
- Hosted PBX
- SIP trunking
10. How can Dealintax help with Trademark Class 38?
Dealintax offers end-to-end trademark support:
- Trademark search
- Class selection
- Filing & documentation
- Objection replies
- Opposition handling
- Renewals & monitoring
Start your trademark registration today → (https://dealintax.com/contact/)
Final Thoughts
Trademark Class 38 is essential for businesses operating in telecommunications, broadcasting, digital communication, streaming and online messaging.
Registering your mark protects your communication services from misuse and builds customer trust in a competitive industry.
For smooth and fast filing, Dealintax is here to help.