SaaS Software Trademark: Which Classes and Goods/Services to File?

Filing a trademark for a SaaS product is not as simple as ticking “software” in class 9 and moving on. It is a question I deal with every week with my SaaS clients, and the choice of classes directly determines the scope of protection obtained - and the risks if the filing is poorly calibrated.

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 overview, see the trademark filing guide. The number of classes also has a direct impact on your budget: see how much it costs to register a trademark.

Class 42: the core of SaaS protection

Contrary to what many publishers assume, class 42 is the priority class for a SaaS - not class 9. A SaaS is not a downloadable, installable piece of software. It is an online service, hosted on your servers, continuously updated. Class 42 covers precisely this: software as a service (SaaS), cloud computing, server hosting, software design, development, maintenance and updating, computer programming.

The most common mistake I see in the filings I audit is a SaaS company that only filed in class 9. Their trademark covers a downloadable product they do not sell, and fails to cover the service they actually provide.

Class 9: useful but secondary

Class 9 covers software as products: recorded software, mobile applications, downloadable software. It remains relevant if you offer a desktop version or a mobile application alongside your SaaS offering. But if your model is purely SaaS with no download, class 9 is secondary.

I systematically recommend specifying the purpose of the software designated. “Customer relationship management software” is more defensible than a generic “recorded software” when facing a challenge or a revocation for non-use.

Complementary classes depending on your features

Class 38 (telecommunications) - Relevant if your SaaS includes user-to-user communication features, messaging, push notifications, database access, or API provision. In practice, most modern SaaS products also fall within class 38.

Class 35 (business services) - Relevant if your SaaS includes CRM, marketing analytics, advertising management or business intelligence features. Class 35 covers advertising, business management, and commercial administration.

Class 41 (education) - To be included if you provide integrated training, webinars, tutorials or certifications tied to your solution.

Common mistakes I see

Three mistakes recur in the SaaS trademark filings I audit. First: filing only in class 9 when the model is 100% SaaS. Second: copying the full simplified list of a class without filtering it - creating vulnerability to a revocation action five years after registration. Third: overlooking the distinctiveness of the sign itself before focusing on classes.

Tailoring the filing to your business

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.

Filing too broadly costs more in 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 SaaS is intended for distribution in several countries, consider the right of priority, which allows you to extend your filing internationally within six months. For protection outside the EU, see the article on international trademark filing for software companies.

The choice of classes for a SaaS trademark is not a standardised exercise. It depends on what your software does, how you sell it, and which markets you target. If you would like to file your SaaS trademark in the best conditions, book a call.