The NICE Classification was established in 1957 by NICE Agreement, and it divides marks into 45 different classes by Goods and Services (Classes 1-34 for Goods and Classes 35-45 for Services). The purpose of these classifications is to allow users to seek trademark goods or services into classes most appropriate to their business.
TM Class 38 includes services related to telecommunication which allows at least one person to communicate with another. The cases where telecommunication services appear: 1. allow one person to talk to another, 2. transmit a message from one person to another, 3. Use a person in oral or visual communication with another. This Trademark Class 38 is also important for services used in television programs and radio programs.
You would choose Trademark Class 38 if you were registering services for:
A related trademark class is one that is related to another class; this is due to the Indian Trademark Office (ITO) has determined that applicants registering within Class 38 may register in these other classes too.
If you are not sure while choosing Class 38 for your service, you also consider the following “Related Classes”: Class 36- Insurance and Finance Services, Class 35 - Advertising and Business Services, Class 38 - Telecommunication Services, Class 40 - Material Treatment Services, Class 39 - Shipping and Travel Services, Class 41 - Education and Entertainment Services, Class 43 - Food Services, Class 42 - Science and Technology Services, Class 44 - Medical and Vet Services, class 45 - Legal and Security Services.
Trademark Registration fees also vary on bases of the Class system. You must pay a separate registration fee for each class of goods and services that you want to register. For instance, if you are going to register a trademark for posters in Class 16 and shirts for Class 25, you should pay two separate fees.
It is necessary to choose the correct class at the time of registering a trademark, if you register a trademark in the wrong class, you must start the registration process from the beginning.