Trademarks for SaaS and apps
Class 9 or Class 42 — get this wrong and you have registered a product you do not sell.
Downloaded is Class 9. Accessed is Class 42. That single distinction — how the product reaches the customer — decides the class, and a registration in the wrong one protects software you do not ship.
Software companies name early, ship late, and file never. The result is a familiar sequence: the product finds traction, the name starts to matter, and someone else is already using it — or worse, already registered it, and your growth is now their leverage.
The filing itself is not complicated, but it has two decisions that are easy to get wrong and impossible to undo: which class, and which filing basis. Neither can be fixed after the fact without filing again.
The classes that apply to you
| If you sell / provide… | File in… | Notes |
|---|---|---|
| A hosted platform customers log into (SaaS) | Class 42 | The primary class for most modern software businesses. |
| A downloadable mobile or desktop app | Class 9 | Downloadable = a good, not a service. |
| Both a web app and a mobile app | Classes 9 and 42 | Two classes: $700 in USPTO fees, one flat $499 attorney fee. |
| Custom development or IT consulting | Class 42 | Software design and development for others. |
| A marketplace or ad platform | Class 35 | Often alongside 42. |
| Payments, lending, or financial services | Class 36 | Fintech usually needs 36 with 42. |
Each class is $350 in USPTO fees. MARQ’s $499 attorney fee is flat no matter how many classes the application covers — so protecting a second revenue line costs $350, not another full filing. See all 45 classes →
What goes wrong in this business
Filing Class 9 for a SaaS product
The classic. Your customers never download anything, so “downloadable computer software” describes nothing you sell. The registration exists, it is just pointed at the wrong thing — and you cannot swap the class later. If you ship a web app and a mobile app, the honest answer is both classes.
Descriptive names
Software naming trends toward describing the function. Descriptive marks are refused under Section 2(e)(1), and at best land on the Supplemental Register, which does not give you the enforcement leverage you are filing for. Where your name sits on the distinctiveness spectrum is knowable before you buy the domain.
Claiming use in commerce before launch
If you are pre-launch, you file on an intent-to-use basis (Section 1(b)) — which locks your priority date now and lets you prove use later. Filing as though you are already selling when you are not creates a defect that can invalidate the registration. The correct basis is free; the mistake is not.
Vague identifications of goods
The USPTO requires you to say what the software does. And if you type it into the free-form box instead of drafting from the ID Manual, that is an extra $200 per class in USPTO surcharges before anyone reads your mark.
Questions from SaaS and apps
What trademark class is SaaS?
Class 42 — software as a service. If customers use your product in a browser without downloading anything, it is a Class 42 service, not a Class 9 good.
What class is a mobile app?
Class 9, for downloadable applications. Most app businesses that also run a hosted backend service file in Class 42 as well, at an additional $350 in USPTO fees.
Can I trademark my startup name before launch?
Yes — an intent-to-use application under Section 1(b) reserves your priority date before the product exists. You file a statement of use once you are selling. This is the standard route for a pre-launch software brand.
How much does it cost to trademark a SaaS name?
$849 in one class — a flat $499 attorney fee plus $350 in USPTO fees at cost. Filing in both Class 9 and Class 42 is $1,199.
Start with the search
Free DIY search now. $49 for the comprehensive attorney search and written opinion. $499 + USPTO fees at cost to register — flat, with no upsells.
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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.