How to Register Trademark for Telecommunications Under Class 38?

TradeMarks Act, 1999 allows people to register their marks so that no one else can use it other than the proprietor. Registration of trademark is not mandatory but it allows owners to keep their name secure. Imagine investing a couple of hundred crores in establishing your business and someone just comes and steals it by copying your name, logo, product, tagline etc. How to Register Trademark for Telecommunications Under Class 38? By registering your trademark you not only create a brand but also protect your investment.

Every class mentioned in the Act depicts a different good and service wherein each one is bifurcated depending upon its taxonomy. For instance, services related to shipping and transportation come under Class 37. Whenever a proprietor applies for a mark to be registered he must quote the class in which his particular good or service falls under.

Whats Class 38?

If you are into telecommunications business and wish to get your mark trademarked then you must do it under Class 38 of the Act. Class 38 pertains to trademarks of companies that provide telecommunication and broadcasting services like Tata Sky, Reliance Jio, Idea Cellular, etc. Under this Class particularly those services are listed which allow two or more people to communicate with each other using a sensory medium. The services include talking to one another, sending and receiving messages and permitting oral as well as visual communication.

However, if a company uses telecommunication services to tele-market its products and services then such a company does not come under this Class. It shall get its trademark registered with another class that pertains to advertising services even though it fulfils all the above mentioned conditions.

 

Some of the services that form part of Class 38 are communication over telegrams, cellular mobiles, television broadcasting over cables, communication done over optic fibre cables, radio transmissions and electronic mails. It also includes companies or entities that provide fax machines on rent along with other telecommunication and broadcast related services.

Under TradeMarks Act a trademark is registered for a period of 10 years. A proprietor needs to get it renewed after every decade. However, there is no limit on number of renewals.

Items in Class 38

rental of access time to global computer networks

radio broadcasting

television broadcasting

cable television broadcasting

cable television broadcasting

cellular telephone communication

providing internet chatrooms

communications by telephone

communications by computer terminals

communications by fiber [fibre] optic networks

communications by telegrams

communications by computer terminals

computer aided transmission of messages and images

electronic mail

electronic bulletin board services [telecommunications services]

facsimile transmission

transmission of greeting cards online

information about telecommunication

electronic mail

message sending

news agencies

paging services [radio, telephone or other means of electronic communication]

providing telecommunication channels for teleshopping services

providing access to databases

providing telecommunications connections to a global computer network

providing internet chatrooms

providing user access to global computer networks

providing online forums

radio broadcasting

rental of access time to global computer networks

rental of message sending apparatus

rental of facsimile apparatus

rental of modems

rental of telecommunication equipment

rental of telephones

satellite transmission

rental of message sending apparatus

providing telecommunication channels for teleshopping services

information about telecommunication

telecommunications routing and junction services

teleconferencing services

transmission of telegrams

communications by telegrams

telegraph services

telephone services

communications by telephone

providing telecommunication channels for teleshopping services

television broadcasting

telex services

facsimile transmission

computer aided transmission of messages and images

transmission of greeting cards online

transmission of digital files

transmission of telegrams

videoconferencing services

voice mail services

wire service

wireless broadcasting

Hope you have liked our article on " How to Register Trademark for Telecommunications Under Class 38 ?". Let us know what you think in the comment section below. For more information you can visit www.registrationsindia.com