What are the classes and products to register for a trademark for a mobile application?
What classes, and products/services should be included in a trademark for a mobile application?
As with any trademark, start with a search for prior trademarks. A simple search on TMview or INPI data is a good start to identify obvious risks. In case of doubt, thorough research is strongly recommended.
Once this step is validated, you can focus on choosing which classes to cover. The Nice classification groups goods and services into 45 classes. A relevant trademark registration is based on an appropriate choice, neither too broad nor too restrictive.
Class 9 covers software as a product. In particular, it includes:
This class is mainly aimed at software developed and marketed as proprietary products. It is recommended to specify the object or purpose of the software (e.g.: “HR management software”, “computer security software”) to avoid an overly generic repository.
In the same logic, you can protect variables in mobile applications such as “HR mobile application”, “mobile application in the field of computer security”.
Class 42 can be useful if you are developing a programming activity for third parties. In particular, it covers:
For example, you could include “Computer programming for mobile applications”, “Development, design, maintenance and updating of mobile applications”.
You can include variants of each relevant service to accurately cover your business.
An effective trademark registration should reflect your actual products and services and those you are considering within five years of filing. There is no point in aiming too broad if you cannot justify the use of all products and services. In the event of litigation (nullity or revocation for non-use), you will have to prove the real exploitation of the trademark for the registered products and services.
It is therefore recommended to:
Registering a trademark for an application is not limited to checking “mobile application” in class 9. It is necessary to build a strategy covering classes, products and services consistent with your activity, your functionalities and your ancillary services. If you want to register a mobile application trademark under the best conditions, I can help you choose the relevant classes and legally secure your application.
The transfer clause in SaaS agremeent is a trap: a customer should not be able to prohibit an important operation for the SaaS company. How should it be drafted?
Trademark renewal must be done within a specific timeframe. Summary of the process and applicable fees.
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