What Is Nice Class 38?
Nice Class 38 is the trademark classification for telecommunications services — the transmission of information. It covers the carrying of voice, data, text, images, and video across networks: mobile and fixed-line telephony, internet access, broadband, messaging and chat services, email transmission, video and audio streaming as a transmission service, and broadcasting. It is the connectivity class — the infrastructure and services that move information from one point to another.
The defining and most misunderstood feature of Class 38 is that it covers the transmission, not the content or the software. Class 38 is the pipe; the message that travels through it, the app that sends it, and the platform that hosts it are different classes. This distinction is the single biggest source of confusion for communications and social-app founders.
What Class 38 Covers
- Mobile and fixed-line telephone services
- Internet access and broadband connectivity
- Message, chat, and instant-messaging transmission services
- Email and electronic-message transmission
- Video and audio streaming as a transmission service
- Broadcasting of radio and television programs
- Video and teleconferencing transmission services
- Providing access to networks and online communication channels
The exclusions are the heart of the strategy. The software or app itself is Class 9 (downloadable) or Class 42 (SaaS). The content being transmitted — the entertainment, the programming — is often Class 41. The telecom hardware like phones and routers is Class 9. So a messaging product spans Class 38 (the transmission), Class 9 (the downloadable app), and Class 42 (the hosted platform).
Boundary note: A messaging or video-call app is a textbook multi-class filing. The act of transmitting messages and calls is Class 38, the downloadable app is Class 9, and the cloud platform is Class 42. Filing only one of these leaves significant gaps — and Class 38 is the one most often missed by software founders who think only in terms of "app" classes.
Why Communications Apps File Across Classes
Class 38 illustrates the layered nature of modern technology filings better than almost any class. A communications product is simultaneously a transmission service (Class 38), a piece of software (Class 9 and/or Class 42), and sometimes a content service (Class 41). Each layer is a separate registration protecting a different aspect of the brand. A startup that files only the obvious software classes and skips Class 38 leaves the core communication function — the thing the product actually does — unprotected. Our Class 42 guide and Class 9 guide cover the software side of this stack.
Notable Brands in Class 38
- Verizon and AT&T — telecommunications carriers anchoring deep Class 38 portfolios
- Major messaging platforms — whose names are protected in Class 38 for message transmission alongside software classes
- Streaming and broadcasting services — where transmission is registered in Class 38 and content in Class 41
- Internet service providers — connectivity marks central to the access business
Common Filing Mistakes
- Filing only software classes: communications products need Class 38 for the transmission too.
- Confusing transmission with content: the programming is often Class 41, not Class 38.
- Filing hardware in Class 38: phones and routers are Class 9 goods.
- Descriptive names: "Fast Connect" and similar describe the service and tend to be refused.
Frequently Asked Questions
Is a messaging app in Class 38 or Class 9?
Both, typically. The service of transmitting messages is Class 38, while the downloadable app itself is Class 9 and any cloud platform is Class 42. Messaging and communications products are usually filed across all three classes to protect the transmission service, the app, and the platform.
What's the difference between Class 38 and Class 42?
Class 38 covers the transmission of information — carrying voice, data, and messages across networks. Class 42 covers software-as-a-service and the technology platform. A communications product transmits through Class 38 and runs on Class 42 technology, so both classes often apply together.
Is streaming in Class 38 or Class 41?
It can be both. The act of transmitting audio or video is a Class 38 transmission service, while the entertainment content being streamed is typically Class 41. A streaming brand often files Class 38 for the delivery and Class 41 for the content, plus software classes for the app and platform.
Do I need Class 38 if I have a software trademark already?
If your product transmits communications — messages, calls, data — then yes, Class 38 protects that core function, which the software classes do not. Many founders register only Class 9 or Class 42 and leave the transmission service unprotected. The right scope depends on what the product actually does.
Search Class 38 Before You File
Telecom and communications names overlap heavily with software classes, so clearance should span Class 38, 9, and 42. Use tmarkmetric to browse registered Class 38 trademarks, see which names are taken, and search the broader registry before you commit. Map the full multi-class stack for any communications product up front.