9
Class 9 covers what users download
Mobile apps, desktop software, and downloadable plugins or client applications are Class 9 goods, along with electronic devices and downloadable content.
Apps, software, and tech products
Trademark Your App.
Protect your app or software brand with an attorney search, a federal filing in the right class, and a response if the USPTO pushes back.
Over 500 entrepreneurs choose Surge.
Scroll to learn why!
Three things to settle before you file
Settle these before you ship under the name.
-
Search the name first
An app store listing, a domain, or a company name does not settle whether another business has trademark rights in the name.
Why the search comes first -
Pick Class 9, Class 42, or both
Class 9 covers the app users download. Software customers use in a browser is a Class 42 service. Many tech companies need both.
Compare Class 9 and Class 42 -
File before launch
An intent-to-use application lets you file before you are selling. Describe what the software does, because vague descriptions get rejected.
Filing before launch
Search the name before you ship
Before you pay for app store assets, a launch, or a rebrand, check whether the name is clear. An app store listing, a domain, or a registered company name does not settle whether another business has trademark rights in the name.
A clear search is only the first risk. Even a strong name can draw an office action from the USPTO, and an unanswered office action ends in an abandoned application and lost filing fees. See how applications get abandoned.
We search beyond exact matches for similar marks that could block your registration, then advise on your likelihood of success before you file.
Class 9 or Class 42?
42
Class 42 covers software as a service
If customers log in through a browser without downloading anything, the service falls in Class 42. A business with both an app and a hosted platform should consider both classes.
File before launch, and describe the software precisely
Eligible applicants may file on an intent-to-use basis before launch, but actual use and additional filings are required before registration.
The USPTO requires a precise identification of goods. Descriptions like “software” or “computer programs” are routinely rejected as too vague, so the description must say what the software does.
When it is time to show use, an app store screenshot with the mark next to a download button is a common specimen for downloadable software. A website homepage alone is often not sufficient.
Read our Class 9 guide and the USPTO's intent-to-use requirements.
How a low-cost filing becomes an abandoned application
An office action is a legal notice from the USPTO examiner requiring more information or changes before your application can move forward. It comes with a firm response deadline. Office actions can be confusing to read, and some owners mistake them for junk mail. When no one responds in time, the application is abandoned and the filing fees are gone.
Most trademark applications receive at least one office action, and many low-cost and DIY filings end this way. Other services charge extra to respond, and we have seen fees as high as $7,000.
Because office actions are so common, every package includes one office action response. We read the notice, prepare the response, and manage the correspondence with the examiner.
Federal trademark packages with clear pricing
Each package includes an attorney search and clearance opinion, the USPTO filing fee for one class per mark, one office action response, and 12 months of brand monitoring. We discuss the search results before proceeding. If your product also needs Class 42, we will tell you before you file.
Word Mark
Your business name, product name, or slogan.
All-in total
Member
$1,990
Non-member
$2,230
Members save $240
$310 search, then 12 × $140 per month. Non-members: 12 × $160 per month.
Discuss Your App Name Logo
Your visual brand identity.
All-in total
Member
$2,110
Non-member
$2,410
Members save $300
$310 search, then 12 × $150 per month. Non-members: 12 × $175 per month.
Discuss Your Logo Word + Logo
Two applications for the name and design.
All-in total
Member
$3,955
Non-member
$4,435
Members save $480
$595 search, then 12 × $280 per month. Non-members: 12 × $320 per month.
Discuss Both Marks Federal filing, wherever you are
Federal trademark registration is a federal process, so location is not a barrier. We work with owners nationwide from our offices in Johnston, Iowa and Round Rock, Texas, and most meetings are virtual. Call (515) 994-0404 or (512) 881-1117 in Texas.
App and software trademark questions
Do I need a trademark if my app is already in the app store?
An app store listing does not give you trademark rights. A federal registration is a separate process that protects your brand nationally. We recommend checking conflicts before investing more in the name.
Is my SaaS product Class 9 or Class 42?
Software customers download is Class 9. Software they use through a browser as a service is Class 42. Many products have both parts, and we help you decide which classes your business actually needs.
Can I file before my app launches?
Yes. We can search the proposed name before launch and discuss whether a federal intent-to-use application fits. Actual use and additional filings are required before registration.
Is registration guaranteed?
No. A search helps assess risk, and the examining office decides whether an application qualifies. We explain concerns and next steps before you commit to a filing.
Check the name before you ship
Tell us what your app does, the name you want to use, and where you plan to sell it.