Last updated 25 June 2026.
Short version: downloadable or installed software is Class 9. Software you host and sell as a subscription is Class 42. Most SaaS companies need both, because they ship an app and run a service. Here is how to decide.
The one distinction that settles most cases
Class 9 protects software as a product: anything a user downloads, installs, or owns a copy of. Class 42 protects software as a service: hosted platforms, SaaS, PaaS, APIs, and software you access over the internet without owning the code. Ask whether the customer takes a copy or rents access.
Why most SaaS files in both
A typical SaaS ships a mobile app or desktop client and runs a hosted backend. The app is a Class 9 good; the hosted platform is a Class 42 service. File only Class 42 and a competitor could register your name for a downloadable app in Class 9. The two-class filing closes that gap. See how the classes are described in full on our Class 9 and Class 42 pages.
When Class 9 alone is enough
If you sell a one-time downloadable product with no hosted component, such as a desktop plugin or a game sold as a file, Class 9 covers it. There is no ongoing service to protect, so paying for Class 42 adds cost without adding protection.
When Class 42 alone is enough
A pure web app with no downloadable client, accessed entirely in the browser, lives in Class 42. Many business platforms sit here. If you later ship a mobile app, add Class 9 at that point rather than pre-paying for it.
The classes people forget to add
Software companies routinely miss adjacent classes. Class 35 covers the business services many platforms actually sell, such as advertising or data analytics for others. Class 38 covers telecommunications and messaging. Class 41 covers education and downloadable media. Compare your class spread against an established competitor with our Compare tool before you file.
How to get the wording right
The USPTO is strict about software identifications. Software on its own is refused; you must say what the software does. Match your description to the USPTO acceptable identifications and check examiner expectations in the TMEP. File through TEAS once the wording is clean.
Frequently asked questions
Is SaaS Class 9 or Class 42?
SaaS is Class 42, because the customer accesses hosted software as a service rather than downloading it. If you also ship a downloadable app, add Class 9 for that component.
Do I need both Class 9 and Class 42 for my software?
Often yes. If you offer both a downloadable app and a hosted platform, filing in both classes protects the full product. A pure web app may only need Class 42.
What class is a mobile app trademark?
A downloadable mobile app is Class 9. The online service the app connects to is usually Class 42, which is why app companies frequently file in both.
Why was my software trademark refused?
The most common reason is a vague identification. The USPTO rejects software with no stated function; you must describe what the software does and the field it serves.
Filing in a software class? See who already owns marks in Class 9 and Class 42, then track your competitors through our search to follow their next move.