Trademark Registration – Classification Guide Class 38 in Japan

What kind of classification is Class 38?

We’re going to launch a new mobile Wi-Fi service. First, we want to register a trademark because it’s a novel service name. But which class do we need to choose?

First, let’s consider the services in Class 38.  
Communication services belong in Class 38.

I see!
We’d also like to distribute music of affiliated artists, but can I register a trademark for such a service in Class 38 too?

This page will explain what services are included in Class 38.  Before filing a trademark application, make sure you know whether your services are included in Class 38 or in another class!

Class 38 is a classification for telecommunication, broadcasting, etc.

Class 38 mainly includes the following telecommunication services.

Services included in Class 38 and Services Not included in Class 38

List of main services in Class 38

The main services included in Class 38 are listed below.  These services can be designated by Amazing DX®.

The above “List of main services in Class 38” is just one example.  Let’s take a closer look at what other services are included in Class 38 and what services are not.

If you want to designate the following services? (Services included in Class 38)

Services related to telecommunication

→If you want to specify such services in Amazing DX®, please specify the items where such services are included.

For example, …

Services you want to includeSelect on Amazing DX®
mobile telephone communication; communications by computer terminals; transmission of electronic mail, etc.telecommunication, other than broadcasting
television broadcasting, radio broadcasting, etc.broadcasting
rental of smartphones; rental of telecommunication equipmentrental of telecommunication equipment including telephones and facsimile apparatus

In case of mobile Wi-Fi services that rents out routers to provide lines, both “telecommunication, other than broadcasting” and “rental of telecommunication equipment including telephones and facsimile apparatus” are recommended to be specified.

Services NOT included in Class 38

Contents or subject matters included in communication services

For example, …

Services you want to includeSelect on Amazing DX®
downloadable image files; downloadable music filesClass 9
providing business information via a websiteClass 35
providing films and television programmes, not downloadable, via video-on-demand services; providing digital music from the Internet, not downloadableClass 41

I understand music distribution services are included in Class 41!

Services provided via telecommunication connection

For example, …

Services you want to includeSelect on Amazing DX®
retail services for online downloadable digital music, etc. Class 35
online banking services, etc. Class 36

Other services NOT included in Class 38

File a trademark application designating services in Class 38!

Class 38 is a classification for services such as communications and broadcasting. If you are engaged in these services, first consider designating Class 38.

Amazing DX® allows you to easily select your designated goods and services online. You can first select a number of goods and services for search and then easily search again while removing only the ones marked with “X” after the search.

If you are not sure which goods or services to select, please feel free to contact us via chat. Our attorneys specializing in trademarks are willing to answer your questions.

Reference: Japan Patent Office, “Examination Guidelines for Similar Goods and Services (corresponding to the Nice Classification, 11th Edition, Version 2022)”

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