Understanding Classes 9 and 42 for Software Companies

For tech businesses, especially those developing software, the two most relevant classes are Class 9 and Class 42. At first glance they seem to overlap, but in practice they cover different aspects of your business.

Class 9 – Software as a Product

Class 9 generally covers downloadable software and other technology products. Think of it as software that users can own, install, or access on their devices. Examples of Class 9 descriptions:

• “Downloadable mobile applications for managing personal finances.”
• “Downloadable computer software for processing digital images.”
• “Recorded computer operating programs.”

When to choose Class 9:

• If you sell apps in the App Store or Google Play.
• If customers download and install your software on their own devices.
• If your software comes packaged or embedded in hardware (e.g., smart devices).

Class 42 – Software as a Service (SaaS) and Technology Services

Class 42 covers software provided as a service — i.e., software accessed online rather than downloaded — as well as broader technology and IT services. Examples of Class 42 descriptions:

• “Providing temporary use of non-downloadable software for project management.”
• “Software as a service (SaaS) featuring software for customer relationship management.”
• “Platform as a service (PaaS) featuring computer software platforms for artificial intelligence.”

When to choose Class 42:

• If your product is SaaS-based (users log in through a browser or app, but the software runs on your servers).
• If you provide cloud-based platforms or APIs.
• If you’re in consulting, development, or hosting of software for others.

Why Many Tech Companies File in Both

If your business offers both a downloadable app (Class 9) and a cloud-based SaaS service (Class 42), you should cover both classes. For example, a fintech company might let users:

• Download a mobile app to access their account (Class 9).
• Use an online platform with cloud-hosted features (Class 42).

Covering both ensures competitors can’t slip through by offering a “different format” of essentially the same product.

Drafting Descriptions Strategically

• Avoid overbreadth: Simply filing for “software” is too vague — the USPTO will reject it.
• Be precise but flexible: Tailor the description to your product (e.g., “Downloadable software for scheduling and managing medical appointments”), but avoid locking yourself into wording that may limit future features.
• Use USPTO’s ID Manual: Whenever possible, pull language directly from the USPTO Identification Manual to streamline approval and avoid the $200 custom description fee.

How Skala Can Help

On Skala, we guide clients through the entire trademark lifecycle — from clearance searches and filings to responding to USPTO office actions and enforcing rights against infringers. Whether you are a startup choosing your first brand name or an established company expanding internationally, our team ensures your brand remains secure.

‍