Trademark Class 38: Telecommunications | Complete Filing Guide
Everything you need to file a trademark in Class 38. Covers telecommunications, broadcasting, streaming, and data transmission services.
Class 38 covers telecommunications services including telephone, internet, broadcasting, and data transmission. Telecom carriers, ISPs, and streaming platforms file here.
What Class 38 Covers
Class 38 includes telecommunications services, broadcasting, and data transmission.
The class covers:
- Telephone services - Telephone, mobile, VoIP
- Internet services - ISP, broadband, Wi-Fi
- Broadcasting - TV, radio, streaming
- Messaging - Email, chat, video conferencing
Included in Class 38
Telephone Services:
- Telephone services
- Mobile phone services
- VoIP services
- Call centers
- Long distance services
Internet Services:
- Internet access
- ISP services
- Wi-Fi services
- Broadband services
- Network access
Broadcasting:
- Television broadcasting
- Radio broadcasting
- Streaming services
- Podcasting
- Webcasting
Messaging:
- Email services
- Text messaging
- Chat services
- Video conferencing
- Instant messaging
NOT Included in Class 38
These similar items belong in other classes:
- Telecom equipment - Class 9 (Electronics)
- Entertainment content - Class 41 (Education & Entertainment)
- Website hosting - Class 42 (Technology Services)
- Social networking - Class 45 (Legal & Security Services)
Streaming: Class 38 vs. Class 41
This distinction is important for media companies:
Class 38: The transmission/streaming service (the pipes) Class 41: The content itself (movies, music, entertainment)
Netflix, for example, has trademarks in both Class 38 (streaming) and Class 41 (entertainment).
Common Services Descriptions
Using pre-approved descriptions from the USPTO Trademark ID Manual avoids the $200 custom description surcharge.
Popular pre-approved descriptions for Class 38:
- Telecommunications services
- Broadcasting services
- Streaming of audio and video
- Providing access to the Internet
- Electronic messaging
- Video conferencing services
Well-Known Marks in Class 38
These recognizable brands are registered in Class 38:
- AT&T - Telecommunications services
- Verizon - Mobile and internet services
- Netflix - Video streaming
- Spotify - Audio streaming
- Zoom - Video conferencing
- Comcast - Cable and internet
Filing Tips for Class 38
Streaming Platform Classification
Consider all aspects of your streaming platform:
| Service | Class |
|---|---|
| Video streaming (transmission) | Class 38 |
| Movie/TV content | Class 41 |
| App (downloadable) | Class 9 |
| Platform (SaaS) | Class 42 |
Specify Transmission Type
Be specific about your telecommunications:
- Good: "Video streaming services"
- Good: "Mobile telephone services"
- Good: "Podcast hosting and transmission"
- Bad: "Communications services"
Specimens for Telecommunications
For Class 38 trademarks, acceptable specimens include:
- Website showing services offered
- App store listings
- Service agreements
- Marketing materials
Related Classes
If you are filing in Class 38, you may also need:
- Class 9: Electronics & Software - Telecom equipment, apps
- Class 35: Advertising & Business - Advertising
- Class 41: Education & Entertainment - Entertainment content
- Class 42: Technology Services - Technology services
Filing Fees
Current USPTO fees for Class 38 trademark applications (2025):
| Filing Type | Fee per Class |
|---|---|
| Electronic filing (ID Manual description) | $350 |
| Electronic filing (custom description) | $550 |
| Paper filing | $1,000 |
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