Trademark class 42
Class 42 covers technology services such as hosted software, SaaS, design and IT work. It differs from class 9, which is software customers download.
Class 42 covers technology services: software you host so customers use it online, platform services, and design and IT work done for others. It is the class to compare with class 9. Class 9 is software the customer downloads. Class 42 is software or technical work you run for them.
Businesses that file in class 42
- A browser-based invoicing tool sold by monthly subscription.
- A web design studio that builds sites for clients.
- An IT consultancy that manages cloud systems for small firms.
- A company that offers an AI writing tool through a login.
Class 9 or class 42 in practice
| Question | Class 9 | Class 42 |
|---|---|---|
| Where does the software run? | On the customer's device | On your servers or cloud account |
| What does the customer get? | A copy of the program | Access to a service |
| Typical wording | Downloadable software for a stated purpose | Providing temporary use of non-downloadable software for a stated purpose |
Many software companies need both, for example a desktop app plus a hosted account. Each class carries its own USPTO base fee, so decide which parts of the product carry the brand before you add the second.
"Technology" is too vague
An application that says "technology services" or "SaaS" and stops there is likely to be questioned. The examiner wants the function, such as software for scheduling appointments or for tracking inventory. We build the wording from your product page and ask what a customer does after logging in.
When the studio and the product share a name
A design studio that launches a product under its own name has two things to protect: the services and the software. They can sit in different classes. Decide which carries the brand today, and whether the product might be sold or spun out later, because the owner named in the application matters then.
Describing what your platform does for others
If you provide a platform that other businesses build on, the description should say so. Providing a platform for others to run their stores differs from running one store yourself. The first is a technology service for others, and the second is retail. Telling us which one you do prevents a filing in the wrong class.
The search is wider than the class
Technology names tend to be coined words or short combinations, so conflicts often come from classes next door. A name used for hosted software can conflict with a similar name for downloadable software. Our free name search checks across the records, not only in one class.
Where to go next
If you sell the software through your own web shop, class 35 covers the store. For the filing process, read how to trademark a business name, see the classes overview or check our pricing.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.