Trademark Class 38: Telecommunications — What It Covers, With a Live Count
Short answer
Trademark class 38 covers telecommunications services, including broadcasting, providing access to networks, messaging, and streaming transmission. It is a services class, and as of September 14, 2026 it holds 29,290 live US marks, 0.6% of the register, ranking 35 of 45 by size. A registration in class 38 protects the name only for these services; the same name can be, and often is, registered by an unrelated business in another class.
Class 38 is a small class, with 29,290 live marks out of 4,796,936 across all 45 classes. A live mark is one that is registered or pending; the count is computed from USPTO bulk data by each mark's primary class and refreshed daily.
Class 38 is the pipe, not the content. Transmitting a video is 38; producing it is 41; the app that plays it is 9. Messaging platforms, video call services, and streaming transmission all sit here, usually alongside 9 and 42. It is a small class with an outsized share of technology brands.
What files in class 38
| Typically in class 38 | Examples of businesses |
|---|---|
| mobile and internet service providers | telecoms and ISPs |
| messaging and chat platforms | messaging app companies |
| video conferencing services | video conferencing platforms |
| podcast and video streaming transmission | broadcasters |
| internet access and hosting of chat rooms | podcast hosting services |
| broadcasting | |
| email services | |
| VoIP and calling services |
The USPTO's ID Manual lists the accepted descriptions for class 38. Choosing one of them keeps the filing fee at $350 per class; a custom description costs $550. See what a trademark costs.
What is not in class 38
| Looks like class 38, but is | Class |
|---|---|
| the content being transmitted, which is 41 (entertainment) or 9 (downloadable) | 41 |
| the app itself | 9 |
| web hosting and cloud infrastructure | 42 |
| advertising on a platform | 35 |
The class follows the product, not the industry. A business in this field will often need one of the classes above as well as class 38; the second class is a second filing fee, and a registration in one does not cover the other.
Coordinated classes
The USPTO searches class 38 together with these classes when it examines an application, because confusion between them is common. A live mark in a coordinated class can block a class 38 application, and a class 38 mark can block one of these.
A near match in a coordinated class is worth reading closely. A near match anywhere else on the register is usually not. See is my name trademarked for how to read one.
How crowded class 38 is
| Live marks in class 38 | 29,290 |
| Share of the 45-class register | 0.6% |
| Rank by size | 35 of 45 |
| As of | September 14, 2026 |
A smaller class means fewer near matches, and a name that is clear here tends to stay clear. It is still worth searching the coordinated classes, since that is where a conflict for a class 38 mark most often comes from.
Before you file in class 38
- Confirm the services are actually class 38 against the USPTO ID Manual, not against the industry the business is in.
- Check the neighbouring classes in the table above for anything the business also sells or does.
- Search the name on Silvol and read every live match by class: class 38 and its coordinated classes matter; others usually do not.
- Budget per class. Each class is $350 to file and $650 every ten years to maintain.
Common questions
What is trademark class 38?
Class 38 is the Nice classification for telecommunications services, including broadcasting, providing access to networks, messaging, and streaming transmission. It is one of the 11 service classes (35–45), and it currently holds 29,290 live US marks.
What does class 38 cover?
Telecommunications services, including broadcasting, providing access to networks, messaging, and streaming transmission. The USPTO's ID Manual has the full list of accepted descriptions; the examples above are the common ones.
How much does it cost to trademark in class 38?
$350 in USPTO fees for a clean electronic application using an ID Manual description, $550 with a custom description, plus $650 per class every ten years to maintain. Attorney fees, if any, are on top.
Is class 38 crowded?
It holds 29,290 live marks, 0.6% of the register, ranking 35 of 45. That is one of the smaller classes.
Can two businesses have the same name in class 38?
Not for similar services. Two marks in the same class for overlapping goods or services will conflict. The same name in an unrelated class usually will not.
What are the coordinated classes for class 38?
9, 35, 41, 42. The USPTO searches these together with class 38 because confusion across them is common.
Keep reading
- All 45 trademark classes, with live counts
- Is my name trademarked? How to read a match by class
- How much does a trademark cost, per class
Silvol checks a name against live US federal trademarks and the .com zone. It is not a law firm, does not clear names for use, and does not cover state registrations or unregistered marks. Class counts are computed from USPTO bulk data by primary class and refreshed daily.
Register counts as of September 14, 2026. Silvol is not a law firm and does not clear names for use.