The Pipe, Not the App
Nice Class 38 is the transmission class — the carrying of voice, data, text, images, and video across networks: mobile and fixed-line telephony, internet access, broadband, messaging and chat, email transmission, video and audio streaming as a transmission service, and broadcasting. The single most misunderstood feature of Class 38 is that it covers the transmission itself, not the content or the software that rides on top of it. Class 38 is the pipe; the message that travels through it, the app that sends it, and the platform that hosts it are all different classes. This distinction causes more confusion for communications and social-app founders than almost any other class boundary in the system.
Why a Messaging App Is a Three-Class Filing
- Class 38 — the act of transmitting the message or call across the network.
- Class 9 — the downloadable app itself.
- Class 42 — the cloud platform or hosted backend.
Each layer is a separate registration protecting a different aspect of the same product. 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 in more depth.
Content is yet another layer. A streaming brand's transmission is Class 38, but the entertainment content being streamed is typically Class 41. And the telecom hardware — phones, routers — is Class 9 goods. A single "communications" business can easily touch four classes at once.
Who Anchors Class 38
Verizon and AT&T are the classic carriers, with deep Class 38 portfolios built around the network itself. Major messaging platforms protect their names here for message transmission, layered alongside their software-class registrations. Streaming and broadcasting services split registrations between Class 38 for the transmission and Class 41 for the content, and internet service providers hold connectivity marks central to the access business itself.
Frequently Asked Questions
Is a messaging app in Class 38 or Class 9?
Both, typically. The transmission service is Class 38, the downloadable app is Class 9, and any cloud platform is Class 42. Messaging products are usually filed across all three.
What's the difference between Class 38 and Class 42?
Class 38 is the transmission of information across networks. Class 42 is software-as-a-service and the technology platform itself. A communications product transmits through Class 38 and runs on Class 42 technology, so both often apply together.
Is streaming in Class 38 or Class 41?
It can be both — the act of transmitting audio or video is Class 38, while the entertainment content being streamed is typically Class 41. A streaming brand often files both, 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 — yes, Class 38 protects that function, which software classes don't reach. Many founders register only Class 9 or 42 and leave transmission unprotected.
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 and search the broader registry before you commit — map the full multi-class stack for any communications product up front.