what trademark class is a podcast

What Trademark Class is a Podcast in?

  • 11 July, 2018
  • Nyall Engfield

A podcast and podcasting are in Class 38. However...

What is a podcast?

The word "podcast" is a portmanteau, a combination of two words - "iPod" and "broadcast".

The term was first proposed by Ben Hammersley, a British journalist, in an article for The Guardian newspaper on February 12, 2004. In the article titled "Audible Revolution", Hammersley suggested the term to describe the emerging technology of amateur audio program delivery over the internet.

Here's the relevant excerpt from his article:

"With the benefit of hindsight, it's clear that portable audio was waiting for a catchy name of its own - and thanks to the same qualities that allowed "Sputnik" to be annexed from Russian 40 years ago, that name is likely to be "podcast": a multimedia iteration of homebrewed radio."

Hammersley combined "iPod", the popular portable media player launched by Apple in 2001, with "broadcast" to describe the concept of broadcasting audio files over the internet that could be downloaded and played on portable devices like iPods.

Which Nice Class for trademarks is podcasting in?

Activities around podcasts and podcasting are in numerous classes, and the full list is below.

The technical provision of podcasting is classified under Nice Class 38 for telecommunication services. But most actual podcast shows are in class 009 (downloadable podcasts) and class 041 (streamed and non-downloadable podcasts)

The Nice Classification is an international classification system used to categorize goods and services for the purposes of trademark registration. Class 38 covers telecommunications services, including:

  • Broadcasting and transmission of audio programming
  • Podcasting services
  • Streaming of audio content via the internet
  • Providing access to databases for audio content

So any company (like Apple or Spotify) or individual providing podcast hosting, distribution, or streaming services would have their trademark categorized under Class 38.

As for famous podcasts, typically in class 009 or 041, here are some of the most popular and well-known across different genres:

Comedy:

  • The Joe Rogan Experience
  • Call Her Daddy
  • My Favorite Murder

News & Politics:

  • The Daily (New York Times)
  • Pod Save America
  • The Ben Shapiro Show

True Crime:

  • Serial
  • Crime Junkie
  • My Favorite Murder

Business & Interviews:

  • The Tim Ferriss Show
  • How I Built This (NPR)
  • The GaryVee Audio Experience

These shows have millions of downloads per episode and huge followings. Podcasts like Serial, produced by This American Life, were landmark shows that helped popularize and legitimize podcasting as a major media format.

Other famous podcasts include Armchair Expert, WTF with Marc Maron, The Happiness Lab, and podcasts by media brands like The New York Times, WNYC, Wondery and more.

Don't forget to contact us if you need clarification.

Class Description
38 Podcasting services
38 Telecommunication services, namely, transmission of podcasts
9 Downloadable podcasts in the field of {indicate field or subject matter}
41 Entertainment services, namely, providing podcasts in the field of {indicate field or subject matter}
35 Compiling and analyzing statistics for determining audience ratings of {indicate, e.g., television and radio programs, podcasts, etc.}
41 Entertainment services, namely, providing video podcasts in the field of {indicate field or subject matter}
41 Audio production services, namely, creating and producing ambient soundscapes, and sound stories for museums, galleries, attractions, podcasts, broadcasts, websites and games
9 Downloadable MP3 files, MP3 recordings, on-line discussion board posts, webcasts, webinars and podcasts, news, and audio books in the field of {indicate subject matter}
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