Podcast or Online Media Trademark: Which Classes to File?

Content creators — podcasters, video producers, independent journalists — are increasingly consulting me to protect their media brand name. The instinct is good, but the choice of classes is rarely intuitive for someone coming from the creative world.

Before filing, verify your trademark is available and registrable. For the full process, see the trademark filing guide.

Class 41: editorial content

Class 41 is the primary class for a podcast or online media. It covers entertainment, production of audio and audiovisual content, online publications, publishing of electronic books and magazines, and organisation of educational or cultural events.

For a podcast, relevant services include production of audio and audiovisual programmes, online content publication, and entertainment. For online media, add online editorial content publishing. If you organise live events (conferences, meetups), these also fall under class 41.

Class 38: broadcasting

Class 38 covers telecommunications and content broadcasting: broadcasting of audio and audiovisual programmes via the internet, making content available online, data transmission, podcasting (in the technical broadcasting sense). This class protects the act of broadcasting, while class 41 protects the content itself. Both are complementary.

Class 9: digital media

If you offer downloadable content (podcast episodes, videos, e-books, applications), class 9 covers these as products: downloadable audio and video recordings, downloadable electronic publications, mobile applications. For applications specifically, see the article on classes for a mobile app trademark.

Class 35: if you monetise through advertising or sponsorship

If your business model relies on selling advertising space or sponsorship, class 35 (advertising, advertising management services) may complement your protection. It is also relevant if you offer consulting or training services for other creators.

The descriptive name pitfall

Many podcasts and media outlets choose names that describe their content — “Tech Daily”, “Marketing Insights”, “The Law Podcast”. These names risk refusal for lack of distinctiveness. A distinctive name (arbitrary, evocative, invented) is always easier to protect and legally stronger.

Filing a trademark for a podcast or online media is a modest investment that secures an asset whose value grows with your audience. If you would like to protect your media brand, book a call.