Trademark Class 38: Telecommunications
Class 38 covers telecommunication services — the transmission of data, voice and messages. It is narrower than people assume: Class 38 is the pipe, Class 9 is the app, Class 41 is the content and Class 42 is the platform.
What Class 38 covers
India follows the NICE Classification (11th edition) — 45 classes in total, 34 for goods and 11 for services. Class 38 sits in the services group. Your trademark is only protected for the goods or services listed in the class you file, which is why picking Class 38 correctly matters more than the logo itself.
- Mobile, fixed-line and internet access services
- Data and message transmission
- Video and audio broadcasting services
- Chat rooms and communication platforms
- VoIP and video-conferencing transmission
- Telecom-network and bandwidth services
What Class 38 does NOT cover
| Frequently confused item | Correct class |
|---|---|
| Downloadable communication app | Class 9 |
| Content production | Class 41 |
| Cloud hosting and SaaS | Class 42 |
| Telecom-equipment sale | Class 35 |
Examples of goods/services in Class 38
Who files in Class 38
- Telecom operators
- ISPs
- Messaging/SMS platforms
- Streaming companies
- Communication SaaS firms
Class 38 government fees
| Applicant type | e-Filing fee | Physical filing | Note |
|---|---|---|---|
| Individual / Sole Proprietor | ₹4,500 per class | ₹5,000 per class | e-filing is cheaper — always file online |
| Startup (DPIIT recognised) | ₹4,500 per class | ₹5,000 per class | DPIIT certificate must be attached |
| MSME (Udyam registered) | ₹4,500 per class | ₹5,000 per class | Udyam certificate must be attached |
| Company / LLP / Partnership (non-MSME) | ₹9,000 per class | ₹10,000 per class | Register under Udyam first and save 50% |
Taxpex professional fee for a Class 38 filing starts at ₹1,999 and includes a clearance search, TM-48 drafting, filing and objection tracking until registration.
Class 38 filing timeline
| Stage | Typical time | What happens |
|---|---|---|
| Search & class confirmation | Same day | We run a Class 38 search on the IP India database |
| Filing (TM-A) | 24-48 hours | Application number issued — ™ can be used immediately |
| Examination report | 3-8 months | Registry raises objections under Section 9/11 if any |
| Objection reply / hearing | 1-4 months | We draft and file the reply, appear at hearings |
| Journal publication | 2-4 months | 4-month opposition window opens |
| Registration certificate | 8-18 months total | ® symbol can be used, valid 10 years |
Protect your brand in Class 38
Free class check · ™ in 24-48 hours · CA & IP-attorney led.
Classes usually filed with Class 38
Class 38 (Telecommunications) — questions answered
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Content refreshed against the latest CBIC / CBDT / MCA notifications and portal changes.
Chartered Accountant · ICAI Member · 12+ years in Indian tax & compliance
- 15 September 2026Reviewed rates, forms and portal workflow for Trademark Class 38. Verified against latest CBIC/CBDT notifications.
- 10 January 2026Refreshed FAQ set, added new penalty examples and jurisdiction notes.
- 05 October 2025Structural rewrite for EEAT — added expert commentary, playbooks and process timeline.