Class 38 under the Nice Classification covers telecommunications, broadcasting, and data transmission services.

Scope

Class 38 includes services that enable communication, broadcasting, and data transmission between parties.

Services covered under this class generally include:

• Telecommunications services
• Mobile and fixed-line telephone services
• Internet access and data transmission
• Broadcasting and streaming services
• Messaging and email services
• Video conferencing and VoIP services
• Rental of telecommunications equipment
• Satellite communication services

Classification principle: If the service is primarily about transmitting information, signals, or content between users, it generally falls within Class 38.

Key Updates – Nice Classification (2026 Update)

As per the Nice Classification updates 2026, the following clarifications are particularly relevant to Class 38:

• Clearer separation between:
  • Telecommunications services (Class 38), and
  • Content production and entertainment services (Class 41)
• Refined terminology to reduce overlap with:
  • Online advertising platforms (Class 35)
  • Software and platform services (Class 42)

5G and satellite internet services, over-the-top (OTT) communication platforms, and cloud-based telephony are now more clearly classified in Class 38 when transmission is the core service.

Practical takeaway: Streaming content production belongs in Class 41, while the transmission service itself falls in Class 38.

Services NOT Included in Class 38 (But Commonly Confused)

The following services are excluded from Class 38, despite frequent misclassification:

• Advertising and marketing services (Class 35)
• Entertainment content production (Class 41)
• Software development and hosting (Class 42)
• Broadcasting equipment as goods (Class 9)