Trademark Class 42: SaaS, IT and design services
Technology delivered as a service. If customers log into your product rather than downloading it, you are in class 42 — and quite possibly in class 9 as well.
“Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.”
Official class heading, Nice Agreement, Eleventh Edition. Published by the USPTO.
Typical goods and services in class 42
- Software as a service (SaaS) and web platforms
- Software development for clients
- Web design, hosting and IT services
- Cybersecurity and data services
- Engineering, architecture and industrial design
- Scientific research and testing
Example of pre-approved USPTO wording for this class: Software as a service (SAAS) services. Using the USPTO’s own ID Manual language keeps your filing fee at the base rate — describing your goods in your own words carries a surcharge of $200 per class.
Commonly confused with class 42
These look like they belong here and do not. Each one is a separate class with a separate $350 government fee, and a class cannot be added to an application once it has been filed.
Downloadable apps and software
Class 9 — Software, apps and electronics
Business consulting that is not technical
Class 35 — Advertising, retail and business services
Telecoms and connectivity
Class 38 — Telecommunications
Hardware repair
Class 37 — Construction, installation and repair
The class 9 and class 42 split is the most expensive misunderstanding in software trademarks. A platform with a companion app usually needs both, and you cannot add the missing one to a pending application later.
Filing in one class
A single-class application in class 42 costs $350 in USPTO government fees, paid to the government, plus our flat fee of $199 — $549 in total. Every additional class is another $350. Government fees are current as of 18 January 2025.
Work out how many classes you need Check if the name is taken
This page describes how the USPTO groups goods and services in general. It is not legal advice about your application, and the lists above are written for the common case rather than being exhaustive. Which classes you actually need depends on what you sell, and a licensed attorney confirms them before anything is filed.
Classes either side of this one
Class 40 — Manufacturing and treatment of materials
Making or altering something to a customer's order. Custom manufacturing, printing and finishing all sit here — which is where print-on-demand businesses often belong.
Class 41 — Education, training and entertainment
Teaching, training, publishing and entertaining. If you make content or run classes under your brand, this is your class whatever the subject matter.
Class 43 — Restaurants, cafés and accommodation
Serving food and drink to people, and putting them up for the night. The class for every restaurant, café, bar, food truck and hotel.
Class 44 — Medical, beauty and wellbeing services
Care delivered to a person, animal or plant — clinical, cosmetic or horticultural.