Trademark Class 9: Software, Electronics & Scientific Apparatus
Class 9 covers downloadable software, mobile apps, computer hardware, and consumer electronics.
Class 9 covers software, electronics & scientific apparatus. 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 9 is where downloadable things and physical devices live: mobile apps you install, software you download, computer hardware, headphones, chargers, cameras, eyewear, and safety equipment. It is the class most technology companies think they need — and about half the time, they need Class 42 instead, or both.
The distinction that matters is delivery, not subject matter. If the customer downloads it or plugs it in, it is likely a Class 9 good. If the customer accesses it over the internet without downloading anything — the definition of most SaaS — that is a Class 42 service. Same product idea, different class, different application, different $350.
What Class 9 covers
- Downloadable mobile applications
- Downloadable and recorded computer software
- Computer hardware, peripherals, and components
- Headphones, speakers, and audio equipment
- Phone cases, chargers, and cables
- Cameras, drones, and imaging equipment
- Eyewear, sunglasses, and protective goggles
- Downloadable electronic publications
Typical Class 9 identifications: “Downloadable mobile application for tracking fitness activity; Downloadable computer software for project management; Computer hardware; Headphones; Protective cases for mobile phones.” The USPTO expects the software’s function to be stated — “downloadable software” with no purpose is an identification refusal waiting to happen.
What Class 9 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… |
|---|---|
| Software delivered as a hosted service (SaaS) | Class 42 — this is the single most consequential distinction in Class 9. |
| Software development or IT consulting for clients | Class 42 — services, not goods. |
| Telecommunications transmission itself | Class 38 — a messaging app is 9 and/or 42; providing the transmission network is 38. |
| Online retail of electronics | Class 35 — selling devices is a retail service. |
| Video game apparatus and toys | Class 28 for gaming apparatus and toys; downloadable game software is Class 9. |
Who files in Class 9
- Mobile app developers (downloadable apps)
- Consumer electronics and hardware brands
- Audio, camera, and accessory brands
- Eyewear brands
- Companies shipping downloadable or installed software
- Game studios distributing downloadable games
Classes that usually go with Class 9
| Class | Why it comes up |
|---|---|
| Class 42 | The essential companion: SaaS, hosting, and software development services. Most modern software businesses that file in 9 also belong in 42. |
| Class 38 | If you actually transmit messages or stream data as a service. |
| Class 35 | If you also operate a store selling third-party products. |
| Class 41 | If you publish courses, media, or run a community 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 9
Filing in 9 when your product is a SaaS platform
This is the classic technology-company error. A web app your customers log into and never download is not a Class 9 good; it is a Class 42 service — “software as a service (SAAS) services featuring software for…” Filing in the wrong class does not get quietly fixed. You cannot broaden or swap the class after filing without starting over, so the $350 you paid buys an application covering something you do not sell.
Vague software identifications
The USPTO requires you to state what the software does. “Computer software” alone draws a requirement to clarify, and if you wrote your identification as free-form text instead of pulling it from the USPTO’s ID Manual, you also paid an extra $200 per class for the privilege ([USPTO additional fees](https://www.uspto.gov/trademarks/additional-fees-trademark-applications)). Precise, ID-Manual-based descriptions avoid both the fee and the office action.
Specimens that show a website, not the software
For downloadable software, the USPTO wants a specimen showing the mark in connection with the software itself — a download page with the mark, a launch screen, packaging. A screenshot of your marketing homepage often fails.
Class 9 questions
What class is software in?
Downloadable software and mobile apps are Class 9. Software delivered as a hosted service (SaaS) that customers use without downloading is Class 42. Many software companies need both classes, at $350 each in USPTO fees.
What class is a mobile app in?
A downloadable mobile app is Class 9. If the app is a thin client for a hosted platform, or you also sell the underlying service, Class 42 usually applies too. Which one you need depends on what you actually deliver to the customer.
How much does it cost to trademark an app name?
$849 for one class: MARQ’s flat $499 attorney fee plus $350 in USPTO fees at cost. A company filing in both Class 9 and Class 42 pays $499 + $700 = $1,199.
Is Class 9 or Class 42 better?
Neither is better; they cover different things. Filing in the class that does not match what you sell produces an application that protects nothing you do. The right answer comes from how the product reaches the customer — downloaded, or accessed.
Filing in Class 9?
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.