What are the classes and the goods and services to be registered for a SaaS software trademark?
The objective of this article is to help you structure a trademark registration for SaaS software, which covers the services adapted to this activity.
As with any brand, start with a prior trademark search 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 good. 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. However, this class is mainly aimed at downloadable software and is not fundamental in SaaS.
Class 42 is a must for any SaaS activity. It covers:
This class protects your software service offering, accessible online, without downloading. If you are developing your own hosted solution or if you offer software that is accessible via subscription, this is the place to register it.
You can include variants of each relevant service to accurately cover your business.
Your SaaS business may also include other related services. Here are the complementary classes that are often relevant:
Consider if you provide access or transmission services, such as:
To be included if you offer:
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 a SaaS is not limited to ticking “software” in class 9. You have to build a strategy covering classes, products and services consistent with your business, your functionalities and your ancillary services. If you want to register a SaaS trademark under the best conditions, I can help you choose the relevant classes and legally secure your registration.
SaaS: involve legal as early as product development to anticipate risks and not lose your money.
SaaS: your terms and conditions should govern customer feedback. The resulting improvements must remain your exclusive property.
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