Software Trademark: Which Classes of Goods and Services?

Filing a trademark for software requires understanding the distinction between software as a product (a program that is downloaded and installed) and software as a service (online access). This distinction, which may seem technical, determines which Nice Classification classes you need to target — and a wrong choice can irreversibly weaken your protection.

Before filing, verify that your trademark is available and registrable and choose between a French or European trademark. For a complete guide, see the trademark filing guide.

Class 9: software as a product

Class 9 covers downloadable, installable software: recorded software, game software, mobile applications. If your model is based on distributing a program — desktop software, an SDK, a native application — class 9 is your primary class.

Avoid relying on generic descriptions. “Recorded software” is acceptable but weak. I recommend specifying the purpose: “accounting software”, “computer-aided design software”, “video editing software”. This precision strengthens the filing and reduces the risk of revocation for non-use five years after registration.

Class 42: software as a service

As soon as your software is accessible online, hosted on your servers, or you provide support services, class 42 comes into play: software development, design, maintenance and updating, SaaS, cloud computing, server hosting, computer programming, IT consulting.

In practice, most software publishers combine both models. The software is downloadable (class 9) but also accessible as SaaS (class 42), with support and updates included. Filing in both classes is then essential. For pure SaaS publishers, see the dedicated article on classes for a SaaS trademark.

Complementary classes

Class 38 (telecommunications) — If your software includes user-to-user communication, messaging, database access provision, or API availability.

Class 41 (education and publishing) — If you offer training related to your software, webinars, technical publications, or certifications.

Class 35 (business management) — If your software is a business management, CRM, marketing, or accounting tool, class 35 may complement your protection by covering the management services the software enables.

For mobile applications specifically, see the article on classes for a mobile app trademark.

The most common mistake

The most common mistake I encounter among software publishers is confusing the product and the service. A publisher who has not sold perpetual licences for years but only filed in class 9 has a trademark that does not cover their actual business. Conversely, a publisher distributing installable software who only filed in class 42 leaves a gap in their product protection.

The key is to start from your actual business model. How is your software distributed? What services do you provide around it? What are your plans for the next five years? The filing must be built on these foundations. If you would like to file your software trademark in the best conditions, book a call.