Trademark Classes · Class 42
Class 42 covers IT services, software development, SaaS, scientific and technological services, and design. It is a core tech and startup class. Here is what it includes, what it excludes, and how to word it to avoid an objection.
Class 42 is one of the most important classes for technology businesses, covering scientific and technological services, software development, software as a service (SaaS), IT services, and design. It includes software design and development, SaaS and platform services, hosting, IT consultancy, scientific research, and industrial and product design, as well as architectural and engineering design.
This is the home of SaaS. The crucial distinction: software provided as an online, hosted service is Class 42, while downloadable or recorded software as a product is Class 9. Most software businesses need both, and the business or retail side may add Class 35. 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.
Work out whether your product or service genuinely sits in Class 42 before you file, because a wrong class protects the wrong thing.
SaaS and software companies, software developers and IT consultancies, technology platforms, web and app development firms, scientific and research services, and industrial, product, and architectural designers. If your service is software-as-a-service, software development, IT, or design, Class 42 is very likely part of your answer. Our trademark class search helps you check which classes fit before you file.
The most common Class 42 mistakes come from classifying by the wrong feature. These closely related items sit elsewhere:
Software as a downloadable product is Class 9. Class 42 is software as a hosted service (SaaS) and development.
Advertising, business management, and retail are Class 35, not Class 42.
Transmitting data is Class 38; hosting and developing platforms is Class 42.
The Registry expects specific, standardised descriptions, not vague terms. Here are examples of clear, acceptable Class 42 wording:
| Instead of (vague) | Use (standardised) |
|---|---|
| “Software” | “Software as a service (SaaS)” · “Design and development of computer software” |
| “SaaS” | “Software as a service (SaaS) featuring software for [specify]” |
| “IT services” | “Information technology consultancy” · “Hosting of digital content” |
| “Design” | “Industrial design” · “Design of [specify]” |
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.
Class 42 covers scientific and technological services, software development, software as a service (SaaS), IT services, and design. It includes software design and development, SaaS and platform services, hosting, IT consultancy, scientific research, and industrial, product, and architectural design. It is the core class for SaaS and software businesses. Downloadable software as a product, however, is Class 9, not Class 42.
SaaS and software companies, software developers and IT consultancies, technology platforms, web and app development firms, scientific and research services, and industrial, product, and architectural designers. If your service is software-as-a-service, software development, IT, or design, Class 42 is likely part of your answer, often alongside Class 9.
Class 9 covers software as a product, downloadable or recorded software and apps, plus 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. Most software businesses need both to be fully protected.
Yes. Software provided as an online, hosted service (SaaS) is a Class 42 service, so a SaaS business needs Class 42 for its core offering. If it also offers a downloadable app or software, that is Class 9, and the business or retail side may involve Class 35. Many SaaS companies file across Class 42 and Class 9, and sometimes Class 35.
Use specific, standardised terms and state what the software does, such as software as a service featuring software for a specified function, or design and development of computer software. Avoid bare terms like software or IT. Draw wording from the current NICE Classification and tailor it to what your service actually does.
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.
