TRADEMARK CLASS 38: Telecommunications & Broadcasting

The Intellectual Property Office of the Philippines (IPOPHL) is the national authority in charge of administering trademark registration in the country. Similar to international practice under the Nice Classification, IPOPHL categorizes trademarks into 45 distinct classes of goods and services.

This classification system ensures that businesses register their marks in categories most relevant to their commercial activities. Importantly, identical or similar marks may co-exist if they belong to unrelated classes. For instance, a mark “HandsFree” used for a telecommunications company would not conflict with another “HandsFree” used for unicycle manufacturing, since the goods and services are unrelated.

Class 38: Telecommunications Services

Trademark Class 38 covers telecommunications services, including those that:

1. Enable one person to speak with another;
2. Facilitate the transmission of messages; and
3. Provide oral or visual communication (e.g., radio, television broadcasting).

This class is critical for companies engaged in broadcasting, streaming, messaging, and related telecommunications services. Examples include broadcasting services, mobile network providers, and internet-based communication platforms.

In the Philippines, an example is ABS-CBN’s mark registrations for its broadcasting and streaming services, which fall under Class 38.

The Trademark Class System

• Multi-class Applications: Applicants may file in multiple classes under a single application in the Philippines, which results in one registration covering several classes.
• Fees: Each class requires payment of a separate filing fee.
• Correct Classification: Selecting the proper class is essential; otherwise, the application may be rejected and refiled.

For example, if you plan to register a mark for posters (Class 16) and shirts (Class 25), you must pay for both classes.

Coordinated Classes

Some classes are often related to Class 38 because businesses in telecommunications also expand into these fields. IPOPHL and ASEAN guidelines consider coordinated or related classes such as:

• Class 35: Advertising and Business Services
• Class 41: Education and Entertainment Services
• Class 42: Technology Services

This is important when conducting clearance searches and assessing potential conflicts.

Specimen of Use for Class 38

Under Philippine rules, a Declaration of Actual Use (DAU) must be filed with supporting evidence at set intervals:

• Within 3 years from filing,
• Within 1 year from the 5th anniversary of registration,
• At renewal, and
• Every 5 years after renewal.

Acceptable evidence for Class 38 includes:

• Screenshots of websites or apps showing active services,
• Advertising materials showing the mark linked to telecommunications services,
• Service contracts or receipts demonstrating commercial use.

Unacceptable evidence includes mere invoices, press releases, or documents that do not show the mark used in connection with the services.

Real-World Case Example

In Smart Communications, Inc. v. Digitel Mobile Philippines, Inc., the issue of confusing similarity between telecom-related marks was raised before IPOPHL. The decision highlighted how trademarks in Class 38 can cause consumer confusion when they closely resemble existing telecom service marks, even if the companies provide slightly different services.

This illustrates why applicants in Class 38 must carefully check for existing registrations.

Opposition and Cancellation

After publication in IPOPHL’s e-Gazette, a mark may be opposed within 30 days, extendible by 45 days. Grounds for opposition include:

• Confusing similarity with an existing registered mark,
• Use of deceptive, scandalous, or misleading matter,
• Improper use of state emblems or names of individuals.

Registered marks may later be cancelled if they become generic, abandoned, or remain unused for 3 consecutive years without valid reason.

✅ Summary:

• IPOPHL uses the Nice Classification, with Class 38 reserved for telecommunication services.
• Correct classification is critical; wrong class means restarting the process.
• DAU filings are mandatory to maintain rights.
• Opposition and cancellation proceedings safeguard against abuse.

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