Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Industry & business guides guide
Short answer: Downloadable apps and software are registered in Class 9. Software you provide online without a download, like a web-based SaaS platform, is registered in Class 42. Many software companies file in both. Clear the name first, because tech names are crowded and app stores do not check trademarks for you.
For Twin Cities startups and software companies, a Twin Cities trademark attorney can map your product to the right classes before launch.
Class 9 vs. Class 42: which one?
- Class 9: downloadable mobile apps, desktop software, and other software the customer installs.
- Class 42: software as a service (SaaS), platform as a service, and online non-downloadable software.
- Other classes: the service your software provides may also belong in its own class, such as financial services in Class 36 or online marketplaces in Class 35.
A Minnesota trademark lawyer will write the description around what your product actually does, because vague descriptions like “software” alone are refused. See drafting goods and services descriptions.
Can I file before the app launches?
Yes. An intent-to-use application reserves your name while you build, and your rights date back to the filing date once you register.
What proof of use works for software?
- Downloadable apps: an app store page showing the name and a download button.
- SaaS: a website or login screen showing the name used to offer the service, such as a sign-up page.
Common software name problems
- Descriptive names like “InvoiceApp” or “Cloud Scheduler”
- Conflicts with existing marks in Class 9 or 42, which the USPTO often treats as related
- Names already used by apps that never filed but have common-law rights
How a Twin Cities trademark lawyer helps software companies
A Twin Cities trademark attorney can clear the name across the USPTO and app stores, write class descriptions that fit your roadmap, and file before your launch announcement. As you expand, a Twin Cities trademark lawyer can add classes and countries.
Investors routinely ask who owns the product name. A Minnesota trademark lawyer can make sure the answer is your company — and a Twin Cities trademark attorney can document it before your next round.
Frequently asked questions
What trademark class is an app?
Downloadable apps are in Class 9. Online software provided without a download, such as SaaS, is in Class 42.
Can I trademark an app name before launch?
Yes. An intent-to-use application reserves the name before launch, and registration issues after you show the name in use.
Do I need a Twin Cities trademark lawyer for a software trademark?
It is not required, but a Minnesota trademark lawyer can write precise software descriptions, which are among the most frequently questioned at the USPTO.
Does Apple or Google check trademarks before approving my app?
No. App stores do not clear names for trademark conflicts, though they do respond to trademark complaints from registered owners.
Launching an app or SaaS product? File before the press release. Talk to a Twin Cities trademark lawyer at Twin Cities Trademarks — a flat-fee Minnesota trademark lawyer team — and book a free consultation with a Twin Cities trademark attorney.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.