Trademark Class 42: SaaS & Technology Services
Class 42 covers software as a service, platform hosting, software development, and IT consulting.
Class 42 covers saas & technology services. The USPTO charges $350 per class. With MARQ, a one-class federal registration is $849 all in — a flat $499 attorney fee plus the $350 USPTO fee at cost.
Class 42 is the class for technology delivered as a service: SaaS, PaaS, hosting, software design and development, IT consulting, and scientific and industrial research. If your customers log in and use your product over the internet without installing anything, Class 42 is your class.
For most modern software companies, Class 42 is the primary filing and Class 9 is the question. The two are not interchangeable, and the USPTO treats them as covering different things — which means a registration in the wrong one protects a product you do not sell. The distinction is delivery: downloaded (9) versus accessed (42).
What Class 42 covers
- Software as a service (SaaS) featuring software for a specified purpose
- Platform as a service (PaaS)
- Non-downloadable online software
- Software design and development services
- Custom software and application development for others
- Hosting services and cloud computing
- IT consulting and technical support services
- Data encryption, security-as-a-service, and monitoring services
- Design services and industrial or scientific research
Typical Class 42 identifications: “Software as a service (SAAS) services featuring software for customer relationship management; Platform as a service (PAAS) featuring computer software platforms for data analytics; Computer software design for others; Hosting of digital content on the internet.” The USPTO requires the software’s function — “SaaS services” with no field is not acceptable.
What Class 42 does not cover
Each of these is a separate class with its own $350 USPTO fee. Getting this boundary wrong is the most common reason a registration turns out not to protect what the owner thought it protected.
| If you also sell… | You need… |
|---|---|
| Downloadable apps and installed software | Class 9 — the other half of most software filings. |
| Transmitting the data itself as a carrier | Class 38 — telecommunications. |
| Selling third-party software in a marketplace | Class 35 — retail services. |
| Business consulting that happens to use software | Class 35. |
| Financial technology that provides financial services | Class 36 — a payments company usually needs 36 as well as 42. |
Who files in Class 42
- SaaS companies of every size
- Platform and marketplace software businesses
- Dev shops, agencies, and custom software developers
- Cloud, hosting, and infrastructure providers
- AI and data-analytics products delivered over the web
- Cybersecurity companies selling monitoring as a service
Classes that usually go with Class 42
| Class | Why it comes up |
|---|---|
| Class 9 | The moment you ship a downloadable app, a desktop client, or an SDK, Class 9 is in play. |
| Class 35 | If the platform is really a marketplace or you sell advertising services. |
| Class 36 | Fintech: payments, lending, or financial services provided through the platform. |
| Class 38 | Messaging and streaming transmission services. |
| Class 41 | If you also sell courses, certification, or a media brand around the product. |
Cost math: each additional class is $350 more in USPTO fees. MARQ’s $499 attorney fee does not change. Two classes: $499 + $700 = $1,199. Three: $499 + $1,050 = $1,549.
Pitfalls specific to Class 42
Filing only in Class 9 when you are a SaaS company
The most expensive class mistake in technology. A hosted product is a Class 42 service. A Class 9 registration for “downloadable software” describes a product you do not ship, and it will not do the work you need it to do when a competitor launches under a similar name. If your company does both — a web app and a mobile app — you likely need both classes, which is $700 in USPTO fees, not $350.
Generic and descriptive tech names
Software naming trends toward the descriptive: the function plus a suffix. Section 2(e)(1) refusals for descriptiveness are common, and a name that is merely descriptive can sit on the Supplemental Register but will not give you the enforcement leverage of the Principal Register. The distinctiveness question is worth answering before the domain is bought.
Filing before the product exists, without an intent-to-use basis
Software companies name early and ship late. If you have not launched, you file on an intent-to-use basis under Section 1(b) — which reserves your priority date now and lets you prove use later. Filing as though you are already in commerce when you are not creates a fraud-adjacent problem that can invalidate the registration. The fix is simply filing on the correct basis.
Class 42 questions
What class is SaaS in?
Class 42 — software as a service. If customers use your product in a browser without downloading it, it is a Class 42 service, not a Class 9 good.
Do I need both Class 9 and Class 42?
If you ship a downloadable app or installed software as well as a hosted platform, yes. Each class carries its own $350 USPTO filing fee, so a two-class software filing is $499 + $700 = $1,199 with MARQ.
What class is an AI product in?
Usually Class 42 if it is accessed over the web, and Class 9 if the customer downloads a model or an app. The technology does not change the analysis; the delivery method does.
Can I file before my software launches?
Yes — an intent-to-use application under Section 1(b) reserves your priority date before launch. You file a statement of use once the product is in commerce. This is the standard, correct route for a pre-launch software brand.
Filing in Class 42?
Start with the free search to see what is already on the register. The $49 comprehensive attorney report tells you whether the mark is clearable in this class — before you spend $350 with the USPTO. Registration is a flat $499 plus USPTO fees at cost.
Run a free searchSee flat pricingFree DIY search · $49 comprehensive attorney search · $499 + USPTO fees to register
Fee and deadline figures on this page come from the USPTO: trademark fee information, additional fees for trademark applications, and the USPTO trademarks dashboard. This page is general information about U.S. trademark law, not legal advice, and reading it does not create an attorney–client relationship. No attorney can guarantee registration — the USPTO decides.