Class 38: Telecoms, Streaming, Podcasts & Messaging
Class 38 covers the services that carry information from one place to another: telecoms and mobile networks, internet access, email and messaging, broadcasting and streaming, podcast transmission, online forums and chat rooms, and video conferencing. It’s the twentieth most used of the 45 classes, with 23,829 UK registrations between September 2021 and September 2026, which is about 25% fewer registrations than the average class. It isn’t only for phone companies: podcasters, streamers and online communities claim it too.
What class 38 covers
This is the official Nice heading, in full:
Telecommunications services.
Two words cover a lot. In practice, class 38 is about transmission: the service of getting a call, a message, a broadcast or a stream from the sender to the people receiving it. It protects the pipe, not what flows through it. The programme, the podcast episode or the video is content, and content usually sits in class 41. The app and the software behind it sit in class 9 or class 42.
The mistake I see most often
The mistake is confusing carrying content with creating it or hosting it. Class 38 protects the transmission. It doesn’t protect the programme, the episode, the software or the server.
Take a podcast network. Transmitting the shows is class 38, producing them is class 41, the downloadable episodes and app are class 9, and selling sponsorship is class 35. File only class 38 because “we broadcast” and the name is protected on the delivery, but a competitor could produce shows or sell a similar app under a near-identical name, and that’s usually where listeners get confused.
It’s worth listing every service you offer now and plan to offer, then checking the class for each. A UK application can’t have classes added later.
When you definitely need class 38
- You run a mobile network, broadband service or internet service provider
- You provide email, messaging, video calling or conferencing services
- You broadcast or stream radio, television, video or audio
- You run online forums, chat rooms or community message boards
- You transmit podcasts or other digital files to listeners and users
When you might need class 38 without realising
The businesses I see miss class 38 usually think of themselves as media or software companies first.
- Podcasters and audio brands. Making the show is class 41, but transmitting it is class 38. Podcasting appears on 1,575 registrations and transmission of podcasts on 1,402.
- Online communities and membership platforms. If members talk to each other on your platform, providing online forums is a class 38 service, claimed on 1,829 registrations, and so are chat rooms.
- Streaming and live event brands. Streaming your own events or channel is a transmission service. Video, audio and television streaming services appear on 1,308 registrations.
- Database and directory businesses. Providing access to databases is class 38, on 1,934 registrations, even though the database itself may be protected in other classes.
Not sure whether what you do is class 38, 41 or 42? The free class tools below show you where businesses like yours actually file, or you can give us a call.
What businesses actually claim in class 38
These are the terms that turn up most often in recent UK class 38 registrations:
| Term | Marks using it | Share of class 38 | How common |
|---|---|---|---|
| telecommunications | 3,187 | 13.4% | Most use this |
| telecommunication services | 2,584 | 10.8% | Recommended |
| telecommunications services | 2,575 | 10.8% | Recommended |
| broadcasting services | 2,197 | 9.2% | Recommended |
| providing access to databases | 1,934 | 8.1% | Recommended |
| providing online forums | 1,829 | 7.7% | Recommended |
| podcasting | 1,575 | 6.6% | Recommended |
| podcasting services | 1,493 | 6.3% | Recommended |
| electronic mail services | 1,416 | 5.9% | Recommended |
| transmission of podcasts | 1,402 | 5.9% | Recommended |
The broad heading terms lead. Telecommunications is claimed on 3,187 registrations, with near-identical versions close behind, because many applicants copy the heading to cover the whole class.
The rest of the table shows who actually files here now: broadcasting services (2,197), podcasting, electronic mail services (1,416) and streaming. If your business is a podcast, a forum or a streaming service, naming that service gives you a clearer specification than relying on “telecommunications” alone.
What class 38 does not cover
Phones, routers and downloadable apps are class 9. Class 38 is the service, but the hardware and any app people download are goods in class 9, where mobile apps appear on 6,205 registrations and smartphones on 2,792. A telecoms brand with its own devices or app needs both classes.
Hosting, SaaS and the software behind a platform are class 42. Hosting websites and providing software online are technology services, where software as a service [SaaS] appears on 11,088 registrations and hosting of websites on 1,042. Most platform businesses need class 42 as well as class 38.
The content itself is class 41. Producing programmes, podcasts and videos, and providing them for people to watch online, is entertainment or education in class 41, where production of radio and television programmes appears on 1,668 registrations and entertainment services on 11,993.
Selling advertising is class 35. If your platform or broadcast is funded by advertising, the service of selling that space is class 35, where advertising appears on 21,694 registrations. Media brands that sell sponsorship or ad slots usually need it.
Where these terms actually live
| Term | Belongs to | Marks using it |
|---|---|---|
| mobile apps | Class 9 | 6,205 |
| downloadable podcasts | Class 9 | 3,776 |
| smartphones | Class 9 | 2,792 |
| advertising | Class 35 | 21,694 |
| entertainment services | Class 41 | 11,993 |
| production of radio and television programmes | Class 41 | 1,668 |
| software as a service [SaaS] | Class 42 | 11,088 |
| hosting of websites | Class 42 | 1,042 |
| online social networking services | Class 45 | 3,087 |
Each of these is a separate registration. A mark in class 38 does not cover any of them.
Is class 38 the right class for you?
If you provide telecoms, internet access, messaging, email, video calls, broadcasting, streaming, podcast transmission or online forums under your own brand, class 38 is very likely yours. If you also make content, sell devices or apps, provide hosted software, or sell advertising, look at classes 41, 9, 42 and 35 as well.
Our free class tools build a specification from wording already accepted on real UK filings, so you can see what businesses like yours claim before you commit.
Common questions about class 38
Do podcasters need class 38 or class 41?
Usually both. Producing the podcast and providing it as entertainment or education is class 41. Transmitting it to listeners is class 38, and podcasting services appear on 1,493 registrations. Downloadable episodes are goods in class 9, where downloadable podcasts appear on 3,776 registrations.
Answered by Jonathan Paton, Founder & CEOIs a social media platform class 38, 42 or 45?
Often all three. Online forums and chat rooms are class 38. Providing the platform software online is class 42. Online social networking services are class 45, where they appear on 3,087 registrations. Most community or social apps claim a mix, depending on what members actually do on the platform.
Answered by Jonathan Paton, Founder & CEOIs web hosting class 38?
No. Hosting websites is a technology service in class 42, even though it involves the internet. Class 38 comes in when you provide the connection itself, such as internet access or telecoms links. A web agency that hosts sites for clients needs class 42, not class 38.
Answered by Jonathan Paton, Founder & CEOIs a mobile phone network class 38 or class 9?
The network service is class 38. The handsets, SIM cards and any downloadable app are goods in class 9. A mobile brand that sells phones as well as airtime usually needs both, and the same goes for broadband providers that supply their own routers.
Answered by Jonathan Paton, Founder & CEOAbout these figures. Last researched 23 September 2026, from UK trademarks registered between September 2021 and September 2026 whose entry in this class is still active. That is current drafting practice rather than the historical register. Terms shown are those most frequently used in that period.
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