written by khatabook | November 11, 2022

A Brief on Trademark Class 38 and the Services Under it

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A trademark is any phrase, symbol, word, design, or amalgamation to identify your services or goods. The trademark is a recognisable mark to distinguish your company from your competitors in the marketplace. Trademark refers to both service marks and trademarks. A trademark distinguishes goods, while service marks do the same for services. There are different types of trademarks: device marks, word marks, colour marks, sound marks, shapes of goods and three dimension marks.

Identifying the class is necessary before filing any application for registering a company name under a class. 

The class 38 trademark is the trademark filing classification in which each class represents a specific class of services or goods. This article will provide a comprehensive guide about class 38, telecommunications trademark, cable tv trademark registration, radio broadcast service trademark, telecommunication to class in India and many more. 

What is Trademark Class 38?

Trademark class 38 deals with the services that enable a person to communicate with another through devices. These services include the ones which

  • Allow a person to communicate with another,
  • Share messages from one person to another,
  • Help set up a person in visual or oral communication through television and radio with another person.

The services classified under trademark class 38 consist of the diffusion of television or radio programmes. However, telephone marketing or telemarketing and radio advertising services do not fall under trademark class 38.

Also Read: Guide on Business Services and Consulting in Trademark Class 35

Comprehensive Listing of Services Included in Class 38 Trademark

Here is a list of services that are classified under Class 38 Trademark:

  1. Consulting and advisory services related to wireless communications
  2. Consulting and advisory services related to types of equipment for wireless communications.
  3. Advisory services regarding telecommunications
  4. Audio and video broadcasting services available on the internet
  5. Aeronautical services via telecommunication
  6. Video and audio broadcasting services channelled via the internet
  7. Renting access time to global computer networks
  8. Audio broadcasting
  9. Providing access to databases
  10. Audio broadcasting services
  11. Cable television broadcasting
  12. Broadcasting of audio via the internet
  13. Audio streaming services
  14. Audio teleconferencing
  15. Communications by telephone
  16. Communications by telegrams
  17. Communications by cellular phones
  18. Video, audio and data transmission services via satellite, cable, computer networks, ISDN lines and telephone lines
  19. communications by computer terminals
  20. Video, audio and multimedia broadcasting through the internet and other communication services and networks
  21. communications by fibre or fibre optic networks
  22. Automated telecalling screening services
  23. computerised transmission of images and messages
  24. Mechanical voice message services via telephone
  25. electronic mail
  26. Automatic digital data transfer using telecommunication channels
  27. electronic bulletin board services 
  28. Broadband radio communication services
  29. Broadcasting cable television programmes
  30. Broadcasting
  31. Transmission and broadcasting of cable tv programmes
  32. Information and broadcasting of pay-per-view tv programmes
  33. Broadcasting and transmitting radio programmes
  34. Broadcasting of multimedia and audiovisual content through the Internet
  35. Broadcasting of cable tv programmes
  36. Broadcasting of tv features and film 
  37. Broadcasting of tv features or programmes and films, including on mobile networks, on the internet or any other media
  38. Broadcasting of tv programs and movies via video-on-demand services
  39. Broadcasting of multimedia or motion picture films via the internet
  40. Broadcasting of tv programmes which are pay-per-view
  41. Using a global computer network for broadcasting a programme
  42. Broadcasting programmes via the internet
  43. facsimile transmission
  44. Broadcasting teleshopping programmes
  45. Cable tv transmission
  46. Cable transmission of sounds, signals, images and data
  47. Cablecasting services
  48. Call diversion services
  49. Call barring services
  50. Call forwarding, recording, hunting and screening services
  51. Captioned telephone services for deaf or speech-impaired individuals
  52. Cell phone services
  53. Chatroom services for social networking
  54. Communication of data by email systems
  55. Communication through computer terminals by satellite or digital transmission
  56. Communication through IVR or interactive voice response
  57. Communication via VPN or virtual private networks
  58. Communication through optical fibre networks
  59. Communications by radio, satellite or computer terminals
  60. Computer network access services by a metro Ethernet
  61. Consultancy services regarding communications such as telecommunications, data communications, electronic communications etc.
  62. Data broadcasting services
  63. Data communication by e-mail
  64. Data transfer
  65. Data streaming
  66. rental of facsimile apparatus
  67. Data transmission services and reception services through telecommunication means
  68. Data transmission services in between networked computer system
  69. Datacasting services
  70. Data transmission through telecommunications and telematic networks
  71. Digital data transfer
  72. Digital data transmission of messages, services, messages, video and audio data
  73. Digital texting
  74. Email and messaging services, data services, forwarding services etc.
  75. Electronic bulletin board telecommunications services
  76. Electronic communication by chatrooms, internet forums and chat lines
  77. Electronic data interchange
  78. Electronic transmission of images, sound and other information and data 
  79. Encrypted electric communication and delivered recovered data
  80. High bit-rate information transmission services for network operators
  81. Hosted PBX or Private Branch Exchange services
  82. Instant messaging services
  83. ISDN or Integrated Services Digital Network services
  84. Interactive transmission of video through digital networks
  85. information about telecommunication
  86. Internet and transmission of graphical data, audio, or video.
  87. Internet protocol and tv transmission services
  88. provide internet chatrooms
  89. message sending.
  90. Leasing access time to a global computer network, computer databases, databases server
  91. Leasing of apparatus and instruments of communication
  92. Leasing of tv and radio broadcasting types of equipment
  93. Leasing computer communication instruments and apparatus
  94. Leasing telecommunication facilities, lines, installations, equipment, booths, telephones etc.
  95. Line hunting services
  96. Long-distance telecommunications services
  97. Leasing of tv broadcasting, video conferencing equipment and facilities
  98. rental of message-sending apparatus
  99. Message sending services
  100. Mobile communication services
  101. rental of modems
  102. Mobile media services, such as the electric transmission of media content
  103. news agencies/ wire service
  104. Multimedia messaging services
  105. providing online forums
  106. Numeric messaging services
  107. paging services like telephone, radio, or other means of electronic communication
  108. Online document delivery services via global computer network
  109. Private Branch Exchange dialling services
  110. radio broadcasting
  111. Podcasting
  112. Prepaid local and long-distance telephone services
  113. radio communications
  114. Providing access to a chatroom, blog, bulletin board, discussion service and computer database
  115. Providing access to a mail, web, video sharing portal and news portal
  116. Providing multiple user access to propriety collection of information through global computer information networks to transfer and disseminate a wide range of data and information
  117. Providing access to telecommunications, electronic information and transaction platforms available on the internet
  118. Providing multi-user dial-up and access to the internet
  119. satellite transmission
  120. streaming of data
  121. Streaming of visual, audio and audiovisual material through a global computer networking services
  122. Subscription tv broadcasting
  123. rental of telecommunication equipment
  124. providing telecommunication channels for teleshopping services
  125. providing telecommunications connections to a global computer network
  126. Provision of access to databases via the internet
  127. Provision of access to websites, content and portals
  128. Radio and tv programs broadcasting
  129. telecommunications routing and junction services provided via internet portals and platforms and other media
  130. Telecommunication gateway services
  131. Telecommunication access services
  132. Telepresence conferencing services
  133. teleconferencing services
  134. telegraph services
  135. telephone services
  136. Telephone voice messaging
  137. rental of telephones
  138. television broadcasting
  139. telex services
  140. Teletext and interactive broadcasting
  141. teleprinting
  142. transmission of telegrams
  143. Ticker tape services
  144. transmission of greeting cards online
  145. Transfer of data via telecommunication or computer networks
  146. transmission of digital files
  147. Dissemination and transfer of data and information via computer networks or the internet
  148. providing user access to global computer networks
  149. Transfer of data via telecommunication, computer network, online services, electronic data or the internet.
  150. Video narrowcast services
  151. Video streaming movies and independent films via the internet
  152. videoconferencing services
  153. Video-on-demand transmission services through the internet
  154. voice mail services
  155. Voice over internet protocol services
  156. Dialling services activated by voice
  157. Webcasting services
  158. Wire service
  159. Wireless cell phone services
  160. Wireless digital messaging services
  161. wireless broadcasting
  162. Wireless electric transmission of facsimiles, images, data, information, voice signals etc
  163. Wireless, private branch exchange services
  164. Wireless data transfer via the internet, digital mobile photography, wireless application protocols etc.

Conclusion:

Hopefully, in this article, you have an idea about trademark class 38 or telecommunications trademark, which deals with cable tv trademark registration, radio broadcast service trademark, and other telecommunication trademark class in India. 

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FAQs

Q: What are some telecommunications-related features that are not included under this trademark class?

Ans:

Radio advertising services, and telephone marketing (telemarketing) services are some major telecommunications-related features that are not included under this class of trademark.

Q: Is it possible to use TM without registering?

Ans:

A trademark need not be registered in order to be used, and many businesses will choose to utilise the TM symbol for brand-new products or services before and throughout the application process.

Q: What is a Trademark class 38 telecommunications?

Ans:

Trademark class 38 pertains to services allowing a person to communicate through sensory means. Such services provide the facilities like-

  • Allowing a person to communicate or talk to another
  • Transmit messages from one person to another
  • Help a person engage in visual or oral communication with another person via television and radio.

Q: What is a trademark?

Ans:

A trademark can be any symbol, design, work or combination of all of these that identifies your services or products.

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The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.