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.

*** Advanced trademark search tool, providing relevant matches ranked by percentage similarity.*** 9am - 9pm EST

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 9: This class covers podcasts and related services that primarily involve the distribution and transmission of audio and video content through digital means.

Podcasts on any subject matter, such as news, entertainment, education, sports, music, and more, can be classified in Class 9 when they are distributed or transmitted digitally. This includes podcasts in the form of downloadable audio and video files, live-streamed content, and podcasts made available through digital platforms or websites.

Class 009

Services related to podcasts that fall under Class 9 include:

• Providing downloadable podcasts
• Streaming of audio and video content, including podcasts
• Providing online platforms for accessing and playing podcasts
• Providing software applications for creating, editing, and distributing podcasts

Class 035

Class 35: This class covers services related to advertising, business management, and office functions, which can be relevant for podcasts that involve advertising or promotional activities.

Services in Class 35 that may apply to podcasts include:

• Advertising services, including podcast advertising and sponsorship
• Promotion of goods and services through podcasts
• Business management and marketing consulting services related to podcasts
• Production of advertising materials, including podcast advertisements

Class 038

Class 38: This class covers telecommunication services, which can be relevant for podcasts that involve live streaming or real-time communication.

Services in Class 38 that may apply to podcasts include:

• Broadcasting and transmission of podcasts
• Providing access to podcasts through telecommunication networks
• Live streaming of podcasts and other audio-visual content
• 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.

Class 041

Class 41: This class covers education, entertainment, and cultural services, which can be highly relevant for podcasts that focus on these areas.

Podcasts on various subject matters, such as education, entertainment, sports, news, and more, can be classified in Class 41 when they primarily provide content and information for educational, entertainment, or cultural purposes.

Services in Class 41 that may apply to podcasts include:

• Production and distribution of podcasts for educational, entertainment, or cultural purposes
• Providing online non-downloadable podcasts
• Providing information related to podcasts and podcast production
• Entertainment services, including live podcast recordings or events

Class 042

Class 42: This class covers scientific and technological services, which can be relevant for podcasts that focus on technology, software development, or other scientific topics.

Services in Class 42 that may apply to podcasts include:

• Software development and design services related to podcast creation and distribution
• Hosting platforms and websites for podcasts
• Providing temporary use of non-downloadable software for creating, editing, and distributing podcasts
• Technological consulting services related to podcasts

It's important to note that the classification of podcasts and related services may vary depending on the specific nature and purpose of the podcast and the services being offered. In some cases, multiple classes may be applicable, and it's advisable to consult with a trademark professional to ensure proper classification.

Famous Podcasts

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.