Mobile App Trademark: Which Classes to File at INPI?
Classes 9, 42, 38 and 45: how to choose the right goods and services when filing a mobile app trademark at INPI or EUIPO.
Filing a trademark for a mobile application raises a question I encounter regularly with my software clients: which Nice Classification classes should you target? The answer is not as straightforward as ticking “software” in class 9. The choice depends on your business model, your features and the services you provide around the application.
Before any filing, two preliminary steps are essential: check that your trademark is available and registrable, and determine whether you should file a French or European trademark. For a complete guide to the process, see the trademark filing guide.
Class 9 covers software as products — that is, downloadable programs. For a mobile application, the relevant goods are typically: recorded software, software for phones (recorded), software for tablets (recorded), mobile applications, and game software if your app falls within the gaming category.
The simplified list proposed by INPI for class 9 is very broad and includes goods unrelated to software (diving apparatus, fire extinguishers, spectacles…). It is essential to select only the goods that genuinely correspond to your activity. A filing that is too broad exposes you to a risk of revocation for non-use five years after registration.
I systematically recommend specifying the purpose of the designated software. “Mobile project management application” is more defensible than a plain “recorded software” when facing a challenge.
If your model includes the provision of services — hosting, SaaS, maintenance, updates, technical consulting — class 42 is essential. It covers software design and development, software maintenance and updating, software as a service (SaaS), cloud computing, server hosting, and computer programming.
For most mobile app publishers operating on a SaaS or freemium model with server-side features, class 42 is at least as important as class 9. For SaaS publishers specifically, see the dedicated article on classes for a SaaS trademark.
Depending on what your application does, other classes are worth considering.
Class 38 (telecommunications) — Relevant if your application enables user-to-user communication, database access, online forums, or electronic messaging. This applies to the majority of applications that include a chat function, push notifications or an open API.
Class 41 (education and online content) — Relevant if you offer training, webinars, tutorials or electronic publications integrated into the application.
Class 45 (social networking) — To be included if your application provides online social networking services.
The goods and services lists provided by INPI and EUIPO are starting points, not templates to copy. An effective filing reflects your actual goods and services, as well as those you reasonably plan to offer within five years of filing.
Filing too broadly costs more in registration fees and exposes you to revocation. Filing too narrowly leaves gaps in your protection. The right balance comes from a precise analysis of your business, your product roadmap and your commercial strategy.
If your application is intended for distribution in several countries, also consider the right of priority, which allows you to extend your filing internationally within six months while retaining your initial filing date. For an international trademark, see the article on international trademark filing for software companies.
In the mobile app trademark filings I audit, three mistakes come up regularly. The first: filing only in class 9 when the business also falls within class 42. The second: copying the full simplified list of class 9 without filtering — which creates vulnerability to a revocation action. The third: overlooking the distinctiveness check of the sign itself before focusing on classes.
The choice of classes for a mobile app trademark is not a standardised exercise. It depends on what your application does, how you market it and which territories you target. If you would like to file your trademark in the best conditions, book a call.
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I have been supporting software and SaaS companies for over 10 years, helping them structure their business, protect their intellectual property and strengthen their contracts.
