📡 Nice Class 38: Telecommunications
The EUIPO register holds 203,906 trademarks in Class 38, the class for transmitting data, voice and content (as of July 2026). (as of July 2026).
203,906
Marks in the EU register
98,641
Registered with the EUIPO
-6 %
Growth 2020–2024
55 %
Word mark share
Class 38 is the transmission class: it covers telecommunications services, meaning telephony, internet access, broadcasting and the transmission of messages and data. The EUIPO register holds 203,906 trademarks in Class 38, of which 98,641 are registered (as of July 2026, EUIPO register data). One thing stands out: the class is shrinking. New registrations fell from 8,146 in 2020 to 7,652 in 2024, a 6 percent decline, with another 7,166 added in 2025. One likely reason: many digital offerings now end up in Class 9 or 42 instead, because Class 38 protects the transmission itself, not the app or platform behind it. Among the top filers, one name dominates: Deutsche Telekom leads by a wide margin with 1,492 trademarks, followed by Italian bank Intesa Sanpaolo (478), Amazon (349), Apple (318) and UEFA (276). 55 percent of trademarks in Class 38 are word marks. In telecommunications, the name clearly matters more than the logo.
What belongs in Class 38?
Class 38 covers the transmission of signals, data and content, not their creation. Typical examples: telephony and mobile network services, providing internet access, access to networks and databases, the technical transmission of streams, emails and messages, plus radio and television broadcasting. One important distinction: software and apps as a product belong in Class 9, software development, hosting and SaaS in Class 42, and the production of content such as podcasts or shows in Class 41. Class 38 only applies if you provide transmission services yourself or give users communication channels.
Typical examples: Telecommunications, providing forums/chat, streaming transmission
New EUIPO registrations per year in Class 38
Most active applicants in Class 38
| # | Applicant | Marks |
|---|---|---|
| 1 | Deutsche Telekom Ag | 1,492 |
| 2 | Intesa Sanpaolo Spa | 478 |
| 3 | Amazon Technologies Inc | 349 |
| 4 | Apple Inc | 318 |
| 5 | Union Des Associations Européennes De Football (Uefa) | 276 |
| 6 | Mastercard International Incorporated | 264 |
| 7 | International Business Machines Corporation | 263 |
| 8 | Telefonica Sa | 252 |
| 9 | O2 Worldwide Limited | 249 |
| 10 | Sky Deutschland Fernsehen Gmbh & Co Kg | 247 |
Word mark or figurative mark?
Often combined with
When in doubt, do not file Class 38 in isolation: in practice it is most often combined with Class 9 (software, apps, devices), Class 42 (development, hosting, SaaS) and Class 35 (advertising, retail, platform business). Be honest with yourself about whether you provide transmission services or just offer digital products, because that decides which classes are right. Since 55 percent of trademarks in Class 38 are word marks, your first choice should be securing your name as a word mark, which protects it in any design. And search the register first, especially given the many existing marks held by Telekom, Amazon and Apple in this class.
Common mistakes with Class 38
The most common mistake: filing Class 38 by reflex because your product is digital. An app, an online shop or a SaaS tool merely uses the internet, and the transmission is handled by the network operator. In those cases, Classes 9 and 42 are usually the right ones. The reverse mistake is just as common: if you run a streaming platform, a messenger or a portal that users communicate through, you do provide Class 38 services, yet the class is often left out. Third point: underestimating the risk of conflicts. Class 38 is home to Deutsche Telekom, a filer with 1,492 trademarks that defends its signs consistently, so a thorough search before filing is essential here.
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Frequently Asked Questions
What belongs in Nice Class 38?
Class 38 covers telecommunications services, meaning the transmission of data, voice and content: telephony, mobile networks, internet access, access to networks and databases, technical streaming and broadcasting. It protects the transmission itself. Software belongs in Class 9 instead, development and hosting in Class 42, and content production in Class 41.
Why is Class 38 shrinking?
According to EUIPO register data (as of July 2026), new registrations in Class 38 fell from 8,146 in 2020 to 7,652 in 2024, a 6 percent decline, with 7,166 added in 2025. A plausible reason: many digital business models are not transmission services but software or platforms, so they get filed in Classes 9 and 42 instead.
Does my app need Class 38?
Usually not. As software, an app is a case for Class 9, and its development and operation as SaaS for Class 42. You only need Class 38 once you provide communication channels yourself, for example with a messenger, a streaming platform or a portal that users exchange messages through.
Which classes are typically combined with Class 38?
Most often Class 9 for software, apps and devices, Class 42 for development, hosting and SaaS, and Class 35 for advertising and platform business. A provider that runs a messenger and distributes the matching app covers the typical gaps with 38, 9 and 42.
Sources
EUIPO – European Union Intellectual Property Office: register data on EU trade marks and international registrations with EU protection, as of July 2026.
WIPO – Nice Classification: class definitions and headings (11th edition).
Methodology: own analysis by markencheck.ai; counted per filing entity, name variants merged.
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