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Trademark class 42 — Software, IT and design services

Scientific and technological services, research, design, and the whole of software as a service — SaaS, hosted platforms, app development, industrial and product design, architecture, testing and certification.

Below: the official class heading, 6 kinds of business that file here, 5 things that get filed here by mistake and where each actually belongs, the 4 classes usually filed alongside class 42, and all 45 classes in one table.

Class 42 Services 8 of 11 services classes Technology services

The class 42 heading

As published in the Nice Classification, the WIPO list the Indian register is organised on.

Nice Classification — class 42

Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.

Transcribed from the Nice Classification (11th edition). WIPO revises these headings between editions, and a heading describes a class rather than closing the list of what falls in it — the Registry's own list of goods and services is what governs a filing.

Who files in class 42

Concrete enough to recognise yourself in, or to rule yourself out. These are our judgements, not the Registry's.

Files here
  • A SaaS product sold by subscription
  • A software development or IT services firm
  • An AI product delivered over the web
  • An architecture, product or UI design studio
  • A testing, inspection and certification lab
  • A cloud hosting or infrastructure provider
Does not file here
  • Downloadable apps and installed software — class 9
  • Marketplaces, business consulting and advertising — class 35
  • Transmission of the data — class 38
  • Teaching people to use or build the software — class 41
  • The financial service the software delivers — class 36

What people file in class 42 by mistake

Each of these belongs in a class of its own, linked. Getting it wrong is not fatal, but it is slow and it is paid for twice.

Not in class 42Where it goes
Downloadable apps and installed software class 9
Marketplaces, business consulting and advertising class 35
Transmission of the data class 38
Teaching people to use or build the software class 41
The financial service the software delivers class 36

Goods or services — and which side class 42 is on

The first cut in the whole system, and the one that decides half of all misfilings.

Side
Services
Classes 35 to 45
Position
8 of 11
11 service classes in all
Neighbours
41 · 43
Classes 41 and 43

Classes 1 to 34 are goods — things somebody makes and somebody else owns afterwards. Classes 35 to 45 are services — things somebody does. Class 42 is on the services side, which means a registration here covers the service you perform and not the goods you sell while performing it. The moment the same name goes onto a product, a packet or a downloadable file, it needs a goods class as well.

Neighbouring numbers are not neighbouring businesses. The classification was assembled over decades and its order is historical, so class 42 sits beside class 41 and class 43 for reasons that have nothing to do with what a modern company sells. Read down the table at the foot of this page rather than around a number.

Filing in class 42 protects class 42

The single most expensive misunderstanding in Indian trademark filing.

A trademark registration is a right in the classes named on it. Registering in class 42 gives you nothing in the other 44: the identical name remains available to somebody else in every class you did not file, and they can register it there. This is not a loophole — it is the design. The classification exists precisely so that the same word can belong to a shoe company and to a software company at once.

Read the other way it is the reassuring half. A mark already registered in a class unrelated to yours generally cannot stop you using the name in yours, which is why a search that comes back with hits is not automatically a dead end — what matters is whether the hits are in your class and near your goods. Well-known marks are the exception the system writes for itself, and whether a mark is well known is a finding the Registry makes, not something read off a list.

The practical consequence is that the classes you file describe the business you intend to be, not only the one you are. Extending into a class later means filing later — at that day's queue, and against whatever has been registered in the meantime by somebody who read this page sooner.

General information, not legal advice. This page explains how the classification system is organised. It is not advice about your filing: which class or classes a mark belongs in depends on the goods and services you actually supply, and the specification is drafted word by word, not chosen off a list. Have a trademark attorney confirm the classes and the wording before you file. We publish no filing fees anywhere on this site — they are set by the Registry and revised from time to time, and we have no verified source for them, so take them from the Registry's own schedule.

Classes usually filed with class 42

Why each one comes up. Our judgement, from the way these businesses are actually built.

ClassCoversWhy it comes up with class 42
Class 9 Software, electronics and instruments The most-filed pair on the register for software businesses: hosted software in 42, downloadable app in 9. Products with both a web app and a mobile app need both.
Class 35 Advertising, retail and business services If the platform brings other people's goods or services together for sale, that half is retail in class 35.
Class 36 Financial, insurance and property services Payments, lending and insurance delivered through the software are class 36.
Class 41 Education, entertainment and events Courses, content and community around the product are class 41.

Classes that name class 42 as their companion

The name has to clear more than one register

A class is one queue. The address is another, and it is the one that goes on the packaging.

A registration in class 42 covers Software, IT and design services on the register. It reserves no address, no handle and no listing — those are first-come queues run by people who have never heard of the Nice Classification.

A trademark class and a domain name have nothing to do with each other, and each is regularly mistaken for the other. Registering a domain creates no trademark right of any kind — the registrar sells you a rental on an address and makes no enquiry into who else uses the name. A trademark registration, equally, reserves nothing at any registry: the matching address can be bought by anyone while your application sits in the queue.

Which is why the practical order is to check both before printing anything. Across the 14 endings we price, the range runs from .xyz at ₹249 to .ai at ₹15,400. Five of them, and what each costs for a first year:

EndingFirst year
.co ₹2,499
.io ₹3,800
.tech ₹3,999
.store ₹4,999
.ai ₹15,400

Indicative first-year prices from our own table, not a registrar quote, and not an availability answer — whether a particular name is free is a question only a live lookup can settle. Each ending has its own page with who it suits and how the check works.

Questions about class 42

What does trademark class 42 cover?

Scientific and technological services, research, design, and the whole of software as a service — SaaS, hosted platforms, app development, industrial and product design, architecture, testing and certification. The Nice Classification heading for class 42 reads: Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.

Is class 42 a goods class or a services class?

Services. Classes 1 to 34 cover goods and classes 35 to 45 cover services, and class 42 is the 8th of the 11 services classes. The distinction matters more than it looks: the thing you sell and the service you perform around it are different classes even when they carry the same name, which is why a manufacturer that also runs a shop, or a studio that also sells a product, ends up on both sides of the line.

Does registering in class 42 protect my name in the other 44 classes?

No. A registration is a right in the classes it names and nowhere else, so a mark registered in class 42 leaves the same name available to somebody else in the remaining 44. The rule read the other way is the useful half: a mark somebody else holds in a class unrelated to yours generally cannot stop you, which is how identical names co-exist across unrelated industries. Well-known marks are the exception the system carves out for itself, and whether a mark is well known is decided by the Registry rather than by the class list.

Class 42 or class 9 for software?

The split is delivery. Software provided online without a download is a service, class 42. Software supplied as a file the customer installs is a good, class 9. A product with a website and an app is normally both.

Is my SaaS fully covered by class 42 alone?

Class 42 covers the software and its development. It does not cover the marketplace (35), the payment (36), the content (41) or the downloadable app (9). Which of those you need is a question about what your product actually does, and it is worth putting to an attorney before you file rather than after somebody else has.

Can this page tell me whether a name is already registered in class 42?

No, and no static page can. This file was built ahead of time and serves the same bytes to everyone, while applications and registrations move daily. The register is maintained by the Office of the Controller General of Patents, Designs and Trade Marks, and its public search is free to use — this page is for working out which class to search in, which is the question that has to be answered first.

All 45 classes

The whole classification, goods first. The same table appears on every class page, so whichever one you landed on carries the full picture.

ClassWhat it coversSide
Class 1 Industrial and agricultural chemicals Goods
Class 2 Paints, dyes and printing inks Goods
Class 3 Cosmetics, toiletries and cleaning preparations Goods
Class 4 Fuels, lubricants and candles Goods
Class 5 Pharmaceuticals and medical preparations Goods
Class 6 Common metals and metal hardware Goods
Class 7 Machines and power tools Goods
Class 8 Hand tools, cutlery and razors Goods
Class 9 Software, electronics and instruments Goods
Class 10 Medical and surgical devices Goods
Class 11 Lighting, heating and sanitary apparatus Goods
Class 12 Vehicles and their parts Goods
Class 13 Firearms, explosives and fireworks Goods
Class 14 Jewellery, precious metals and watches Goods
Class 15 Musical instruments Goods
Class 16 Paper, printed matter and stationery Goods
Class 17 Rubber, plastics and insulation Goods
Class 18 Leather goods, bags and luggage Goods
Class 19 Non-metal building materials Goods
Class 20 Furniture, mirrors and non-metal containers Goods
Class 21 Kitchenware, glassware and brushes Goods
Class 22 Ropes, tents, sacks and raw fibres Goods
Class 23 Yarns and threads Goods
Class 24 Fabrics and household linen Goods
Class 25 Clothing, footwear and headwear Goods
Class 26 Lace, buttons and hair accessories Goods
Class 27 Carpets, rugs and floor coverings Goods
Class 28 Toys, games and sporting goods Goods
Class 29 Meat, dairy and processed foods Goods
Class 30 Staples, spices, bakery and beverages as goods Goods
Class 31 Fresh produce, seeds and animal feed Goods
Class 32 Beers, water and soft drinks Goods
Class 33 Wines and spirits Goods
Class 34 Tobacco, vaporisers and smokers' articles Goods
Class 35 Advertising, retail and business services Services
Class 36 Financial, insurance and property services Services
Class 37 Construction, installation and repair Services
Class 38 Telecommunications Services
Class 39 Transport, storage and travel Services
Class 40 Manufacturing to order and material treatment Services
Class 41 Education, entertainment and events Services
Class 42 Software, IT and design services Services
Class 43 Restaurants, cafés and hotels Services
Class 44 Medical, beauty and agricultural services Services
Class 45 Legal, security and personal services Services

Check the name before you file in class 42

One search runs the domain endings, the social handles and the marketplace listings together, so you find out the name is gone before the specification is drafted rather than after.

Check a name

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