Introduction to Trademark 38
Trademark Class 38 serves as the link that connects modern societies together. It represents the field of connectivity, offering a wide range of services that allow the exchange of information, data, and voice across different platforms and mediums. From voice calls that close distances to data transmission that drives the digital world, this class forms the backbone of our interconnected world.
This class covers technologies and services such as telecommunications services that go beyond geographical boundaries, allowing communication and data exchange on a global level. It mainly includes services that allow at least one party to communicate with another, as well as services for the broadcasting and transmission of data.
Let us discuss the products covered under Trademark Class 38 briefly:
a. Telephone Services: This includes services that facilitate voice communication over regular telephone networks.
Example: Airtel is one of the largest telecommunications companies in India, offering a wide range of services including mobile and landline telephone services.
b. Data Transmission Services: This includes data communication services, including internet access and broadband connections.
Example: Reliance Jio is known for its extensive 4G network and data services, Jio provides high-speed internet and data transmission across the country.
c. Messaging Services: This covers messaging platforms that allow users to send text, multimedia, and instant messages.
Example: WhatsApp is a widely used messaging application that allows users to send text messages, make voice and video calls, and share multimedia files such as photos and videos.
d. Video Conferencing: This includes services that facilitate remote video communication and meetings.
Example: Cisco Webex is known for its secure video conferencing solutions, Webex is used for business meetings and online collaboration.
e. Communication via Electronic Mail: This includes services related to sending and receiving emails.
Example: Gmail is widely used for both personal and professional communication and is accessible via web browsers, mobile apps, and desktop email clients.
Inclusions and Exclusions under Trademark Class 38
Trademark Class 38 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 38:
✔ Transmission of digital files and electronic mail.
✔ Providing user access to global computer networks.
✔ Radio and television broadcasting.
✔ Video-on-demand transmission.
✔ Providing internet chatrooms and online forums.
✔ Telephone and voice mail services.
✔ Teleconferencing and videoconferencing services.
Specific Exclusions in Trademark Class 38:
✘ Radio advertising (Class 35).
✘ Telemarketing services (Class 35).
✘ Content or subject matter that may be contained in the communication activity, for example, downloadable image files (Class 9), providing business information via a website (Class 35), providing films and television programs, not downloadable, via video-on-demand services (Class 41).
✘ Services conducted using telecommunication connections, for example, online retail services for downloadable digital music (Class 35), and online banking (Class 36).
✘ Production of radio and television programs (Class 41).
✘ Telecommunications technology consultancy (Class 42).
✘ Online social networking services (Class 45).
Steps involved in registering Trademark under Class 38
Initial Trademark Search for Trademark Class 38
Before starting with the registration process under Trademark Class 38, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 38. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 38
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Prepare and Draft the Trademark Application for Trademark Class 38
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 38
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 38. This certificate confirms your exclusive rights to the mark within Trademark Class 38.
Detailed List of goods classified under Trademark Class 38
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Conclusion on Trademark Class 38
Trademark Class 38 covers services related to telecommunications, broadcasting, data transmission, teleconferencing, and electronic mail communication. As technology advances and communication evolves, proper classification and trademark protection under Class 38 is crucial for establishing brand recognition and credibility.
For businesses operating in Telecommunications & Broadcasting Services, securing a trademark in Class 38 is essential to distinguish themselves in a competitive market and symbolize the brand’s dedication to connectivity, innovation, and smooth communication. To explore other trademark classes, refer to the “Trademark Class List” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.
