Examples and Explanation of Trade Mark Class 38

Emily Young

• 21 July 2021
• 12 August 2021
• 4 min read

One of the key steps in the trade mark registration process is selecting the trade mark class or classes that are most relevant to your goods or service. One of the trade mark classes available for registration is trade mark class 38, which is primarily related to telecommunications and broadcasting services. This article will help you navigate the trade mark class process by taking you through what trade mark classes are and providing insight into what trade mark class 38 includes.

What are Trade Mark Classes?

Trade mark classes refer to different categories of trade marks available for registration. When making a trade mark application, you will be required to select one or more classes of trade marks that you will use your product for. This system allows for different companies who have the same name to operate, as long as: 

• they operate in different industries; and
• are registered under different trade mark classes.

Australia uses the internationally recognised Nice registration system, which divides 45 classes into 34 goods and 11 services. You can search the Nice classification system here to help you find the most appropriate class for your goods or services.

What Does Trade Mark Class 38 Include?

Trade mark class 38 covers several categories of services across telecommunication and broadcasting. This trade mark class is particularly important for the delivery of radio and television programs. Further, some examples of what is included in trade mark class 38 by category are outlined below:

What Does Trade Mark Class 38 Not Include?

While seemingly fitting for trade mark class 38, the following are included in trade mark class 38 and belong to different classes:

• telemarketing services; and
• radio advertising services.

If your service is one of the above, you should consider trade mark class 35, which relates to advertising and business services.

Related Trade Mark Classes

If your product appears to fit under trade mark class 38, but you want to ensure your trade mark protection is as broad as possible, you should consider similar related trade mark classes. Such trade mark classes are considered ‘coordinated’ trade mark classes. Classes that are considered coordinated to trade mark class 38 include class:

• 36, insurance and financial services;
• 37, construction and repair services;
• 39, shipping and travel services;
• 40, materials and treatment services;
• 41, education and entertainment services;
• 42, science and technology services;
• 43, food services;
• 44, medical and veterinary services; and
• 45, legal and security services.

You can apply for a trade mark under more than one class. However, it is important to note that you will have to pay the registration fee for each trade mark class you apply for. Therefore, you should only select the most relevant trade mark classes for your service. Additionally, you must use your trade mark in each registered trade mark class to maintain your trade mark protection. Having too many trade mark classes might make it difficult to ensure you are using your trade mark under each class.

Key Takeaways

To obtain the best and most accurate trade mark protection for your goods and services, you must choose the best trade mark class for your business. Trade mark class 38 may be appropriate for your business if your services include:

• telecommunications;
• broadcasting;
• telephones; or
• internet access.

If you need help determining the best trade mark class for your goods or service or need trade mark assistance more generally, get in touch with our experienced trade mark lawyers. Contact 1300 657 423 or fill out the form on this page.

Frequently Asked Questions