Trademark Classes · Class 9

Trademark Class 9: Software, Apps, Electronics & Downloadable Goods

Class 9 covers software, apps, computers and electronics, downloadable content, and scientific and safety apparatus. It is a top startup and tech class. Here is what it includes, what it excludes, and how to word it to avoid an objection.

What is Trademark Class 9?

Class 9 is one of the most heavily filed classes, especially by technology businesses. It covers computer software and applications, computer hardware and electronics, downloadable digital content, and scientific, measuring, and safety apparatus. It includes recorded and downloadable software and apps, computers and peripherals, phones and devices, downloadable media, and a wide range of scientific, optical, and safety equipment.

For tech founders it is essential, but it needs care, because software-as-a-good in Class 9 sits right next to software-as-a-service in Class 42, and the two are constantly confused. Downloadable software is Class 9; software provided as an online service (SaaS) is Class 42. This page is part of our full guide to all 45 trademark classes, and to how protection works across jurisdictions in our overview of trademark law and protection.

Is Class 9 actually your class?

Work out whether your product or service genuinely sits in Class 9 before you file, because a wrong class protects the wrong thing.

Class 9 is likely your class if you make software, apps, or electronic products

Software and app developers (for downloadable products), consumer electronics and hardware makers, developers of downloadable digital content, and makers of scientific, measuring, and safety apparatus. If your product is downloadable software, an app, a physical electronic device, or scientific or safety equipment, Class 9 is very likely part of your answer. Our trademark class search helps you check which classes fit before you file.

What Class 9 does NOT cover.

The most common Class 9 mistakes come from classifying by the wrong feature. These closely related items sit elsewhere:

SaaS and software services are Class 42

Software provided as an online service (SaaS), and software development, are Class 42. Class 9 is for downloadable or recorded software as a product. Many tech businesses need both.

Telecom services are Class 38

Providing telecommunications is a Class 38 service; the physical devices are Class 9.

Entertainment as a service is Class 41

Downloadable media files are Class 9, but streaming and providing entertainment is Class 41.

Examples of properly-worded Class 9 goods and services.

The Registry expects specific, standardised descriptions, not vague terms. Here are examples of clear, acceptable Class 9 wording:

Instead of (vague) Use (standardised)
“Software” “Downloadable software for [specify function]” · “Recorded computer software”
“App” “Downloadable mobile applications for [specify function]”
“Electronics” “Computer hardware” · “Smartphones” · “Electronic apparatus for [specify]”
“Content” “Downloadable electronic publications” · “Downloadable music files”

Each entry is specific and standardised. These are illustrative examples of acceptable phrasing, not legal advice for your filing; your exact wording should be drawn from the current NICE Classification and tailored to what your business actually does. Wording is a common cause of objections whether you file in India, the United States, Argentina, or elsewhere. For filing across several countries at once, see our global registration guide.

Frequently asked questions

What does trademark Class 9 cover?

Class 9 covers computer software and applications, computer hardware and electronics, downloadable digital content, and scientific, measuring, and safety apparatus. It includes recorded and downloadable software and apps, computers and devices, downloadable media, and scientific and safety equipment. It is one of the most filed classes by technology businesses. Software provided as an online service, however, is Class 42, not Class 9.

Who should register a trademark in Class 9?

Software and app developers whose product is downloadable, consumer electronics and hardware makers, developers of downloadable digital content, and makers of scientific, measuring, and safety apparatus. If your product is downloadable software, an app, an electronic device, or scientific or safety equipment, Class 9 is likely part of your answer. Many software businesses also need Class 42.

What is the difference between Class 9 and Class 42?

Class 9 covers software as a product, downloadable or recorded software and apps, along with hardware and electronics. Class 42 covers software as a service (SaaS), software development, and IT services. If customers download or install your software, that is Class 9; if they access it online as a hosted service, that is Class 42. Many technology businesses need both classes to be fully protected.

Do I need Class 9 or Class 42 for my app?

It depends on how the app is delivered. A downloadable mobile application is a Class 9 good. If you also provide the underlying platform as an online, hosted service, that service element is Class 42. Many app businesses file in both, Class 9 for the downloadable app and Class 42 for the online service, to cover the whole offering.

How should I word my Class 9 goods?

Use specific, standardised terms and always state the software’s function, since the bare word software attracts objections. Use wording such as downloadable software for a specified function, downloadable mobile applications for a specified purpose, or computer hardware. Draw wording from the current NICE Classification and tailor it to what your product actually does.

File Class 9 in the right country, worded right.

Whether you are protecting your brand in one market or several, we identify the classes you need and handle registration worldwide, worded to avoid an avoidable objection.