Trademark Class 38 in Nepal — Telecommunications (What It Covers, Full List & How to File)

NICE Class 38 covers telecommunications services — services that let people communicate, and the broadcasting and transmission of data. It covers telephone and mobile services, internet access, broadcasting, and message and file transmission. It is a services class. In Nepal you register a Class 38 trademark with the Department of Industry, and it protects your service brand — with a key line: the content transmitted is not Class 38, and the equipment is Class 9.

Key Takeaways

• Class 38 is the telecommunications class — telephone, mobile, internet access, broadcasting and data transmission.
• It covers the act of transmitting or enabling communication, not the content and not the hardware.
• The content transmitted is Class 9 or 41; telecom equipment is Class 9; online retail or banking done over telecom is Class 35 or 36.
• It includes internet access, video-on-demand transmission, teleconferencing and streaming of data.
• Nepal's telecom operators, ISPs and broadcasters file in Class 38.
• Register with the Department of Industry for a renewable 7-year term.

What does Trademark Class 38 cover?

Class 38 covers telecommunications services — services that allow at least one party to communicate with another, and services for the broadcasting and transmission of data. The unifying idea is the act of transmitting: carrying voice, messages, files, audio and video between parties, and providing access to networks. It is defined against the content being transmitted (Class 9 or 41) and the equipment that does it (Class 9).

Full list of services in Class 38

The complete list of Class 38 service indications (WIPO NICE 13-2026):

• Cable television broadcasting
• Communications by computer terminals
• Communications by fibre optic networks
• Communications by telegrams
• Communications by telephone
• Computer aided transmission of messages and images
• Electronic bulletin board services
• Facsimile transmission
• Geolocation services
• Message sending
• Mobile telephone communication services
• News agency services
• Paging services
• Providing access to blockchain networks
• Providing access to databases
• Providing chatrooms in virtual environments
• Providing information in the field of telecommunications
• Providing internet chatrooms
• Providing online forums
• Providing online virtual reality-based forums for work collaboration
• Providing telecommunication channels for teleshopping services
• Providing telecommunications connections to a global computer network
• Providing user access to global computer networks
• Radio broadcasting
• Radio communications
• Rental of access time to global computer networks
• Rental of facsimile apparatus
• Rental of message sending apparatus
• Rental of modems
• Rental of smartphones
• Rental of telecommunication equipment
• Rental of telephone answering apparatus
• Rental of telephones
• Satellite transmission
• Streaming of data
• Telecommunications routing and junction services
• Teleconferencing services
• Telegraph services
• Telephone services
• Television broadcasting
• Telex services
• Transmission of digital files
• Transmission of electronic mail
• Transmission of greeting cards online
• Transmission of podcasts
• Transmission of telegrams
• Video-on-demand transmission
• Videoconferencing services
• Voice mail services
• Wireless broadcasting

What Class 38 does not include

Class 38 is about transmission only, so it excludes content, equipment and services done over telecom. Note these:

The rule of thumb: transmitting or enabling communication is Class 38, but the content is 9/41, the equipment is 9, and doing business over telecom is 35/36.

Who files in Class 38 in Nepal?

In Nepal, Class 38 is filed by telecom operators (mobile and fixed-line), internet service providers, cable and satellite broadcasters, and data-transmission and messaging-service providers. For an ISP or telecom brand, the transmission service is exactly what Class 38 protects, while the app and equipment sit in Class 9. Confirm your class with the NICE Class Finder.

How to register a trademark in Class 38

Search the register for earlier telecom marks, confirm Class 38 fits (and that equipment isn't really Class 9 or programming Class 41), prepare your mark and a precise service specification, and file with the Department of Industry. It examines, publishes for the 90-day opposition window, and registers for a renewable 7-year term. Registration is separate from telecom licensing. See how to register a trademark in Nepal.

Do you need more than one class?

Often. A telecom or ISP brand needs Class 38 for transmission, Class 9 for equipment and apps, and often Class 42 for IT and Class 35 for retail of connections. Because Nepal files one class per application with per-class fees, map your business first. See choosing the right class, and the neighbouring Class 37 (Construction & Repair) and Class 39 (Transport & Logistics).

A Nepal example

Take a Nepali internet service provider. The internet-access and data-transmission service is Class 38, where the brand is registered. But its router equipment and app are Class 9, its IT and cloud services are Class 42, and any retail of connection plans is Class 35. One ISP brand can span Class 38 for connectivity, Class 9 for hardware, and Class 42 for IT — filing only in Class 38 leaves the equipment and IT identity exposed. For telecom businesses, Class 38 anchors a multi-class filing.

Getting Class 38 right: common mistakes

The defining Class 38 mistake is confusing transmission with content or equipment. Carrying the signal is Class 38, but the programme or file transmitted is Class 9 or 41, and the router, phone or app is Class 9. Telecom brands often file only one and leave the rest exposed. A second common error is filing services done over telecom — online retail, banking, telemarketing — in Class 38; those are Class 35 or 36.

A third pitfall is social networking: providing a chatroom or forum is Class 38, but a social-networking service is Class 45. Specify your real services precisely, so your Class 38 registration is clear, and add Class 9, 42 or 35 where your business genuinely extends there.

Why precise Class 38 filing matters

Telecom and internet brands are high-value and trust-based, so a precise, early registration protects real value. Naming your real services — "provision of internet access", "mobile telephone communication services" — makes the application easier to register and clearer to enforce, and captures the transmission service a Class 9 filing cannot. Because Nepal is first-to-file, the date you lodge secures your priority in a fast-consolidating market. For a telecom, ISP or broadcasting brand, an early, precise Class 38 filing is foundational.

In short

Class 38 is the telecommunications class — telephone, mobile, internet access, broadcasting and data transmission. The key line: it covers the act of transmitting, not the content (Class 9/41), the equipment (Class 9), or business done over telecom (Class 35/36). Get that right, specify your services precisely, and file early to protect a telecom, ISP or broadcasting brand.

Class 38 filing checklist

• Confirm you're protecting transmission — content and equipment are Class 9/41.
• Check the exclusions — Class 9, 35, 36, 41, 42 or 45.
• Write a precise service specification and search the register.
• Add Class 9 (equipment/app) and Class 42 (IT) where relevant.
• Remember the trademark is separate from telecom licensing.
• File with the Department of Industry and track to registration.

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• How to choose the right trademark class

Register your Class 38 trademark

Protect your telecom, ISP or broadcasting brand. Find your class with the NICE Class Finder, screen with the Conflict Checker, then register your trademark with our team. Talk to an IP expert to map your telecom multi-class strategy.