Trademark class 9
Class 9 covers downloadable software, mobile apps and electronic devices. It is the class for products customers install or hold, not services you host.
Class 9 covers downloadable software, mobile apps and electronic devices, among other goods. If a customer installs your product or holds it in their hand, class 9 is usually the first class to consider. If they log in to something you host, look at class 42 as well.
Who files in class 9
- A two-person studio releasing a budgeting app on the phone app stores.
- A hardware startup selling a door sensor that comes with a companion app.
- A game developer distributing a downloadable game for desktop computers.
Describing software so it can be classified
"Software" on its own is too broad. The USPTO expects the description to say what the software does. "Downloadable mobile application for tracking household budgets" is wording an examiner can classify. A description outside the USPTO's pre-approved wording can cost more. We draft yours from what the product does, in plain terms, and confirm it with you before filing.
Downloaded or hosted
| If your customers | Look at |
|---|---|
| Install the app or program on their own device | Class 9 |
| Log in to a service that runs on your servers | Class 42 |
| Buy a device that ships with software on it | Class 9, and class 42 if there is also a hosted service |
| Buy through your own online shop | Class 35 for the shop |
The name on the app store
The mark you register is the brand on the product, which may differ from the developer account name. If a store lists the app under your company name and a separate title, decide which one is the brand before filing. A specimen for software is generally a screenshot of the download page or store listing that shows the mark next to the way to download it.
Feature names and paid tiers
Apps often carry names for features, add-ons and subscription tiers. The brand is usually the app name, and most feature names do not need a filing of their own. A paid tier or a companion product that is sold separately under its own name may. Decide which names you expect customers to search for, and protect those first.
Timing around a release
Apps ship quickly, while the USPTO takes about 5.6 months to a first review in recent data. Filing before the public release means the application is already on record when the name becomes visible.
Questions to settle before filing
- Does the product ship with hardware, or is it only a download?
- Is the app called the same thing on every store and on your website?
- Will you add a hosted or web version within the next year or two?
An app with a web version usually points to two classes, 9 and 42, and each class carries its own USPTO base fee. You see the total on our pricing page before you commit.
Search before you build the brand
Software names are crowded, so check yours early. Our free name search shows identical and similar marks on record. For the full process, see how to trademark a name, or return to all trademark classes.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.