Class 9 vs Class 42 — which trademark class do you need in India?

For software, apps and tech startups in India the choice is between Class 9 (the software as a downloadable product) and Class 42 (software delivered as an online service). A downloaded app is Class 9; a browser-based SaaS subscription is Class 42. Most software companies file both to be safe.

Class 9

Goods · Software product

Scientific, research, navigating, surveying, photographic apparatus

Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable multimedia files, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers' masks, ear plugs for divers, nose clips for divers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus

Class 42

Services · Software service

Scientific and technological services; research and design

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

Class 9 vs Class 42 at a glance

	Class 9 · Software product	Class 42 · Software service
What it protects	Downloadable / installed software as a product	Software delivered as a service (SaaS, cloud, APIs)
How it is delivered	Downloaded, installed, on media or firmware	Accessed online, hosted, subscription
Example	A mobile app you download from the Play Store	A web dashboard you log into and pay monthly
Also covers	Hardware, electronics, recorded media	IT development, hosting, design, research

Which class should you choose?

Choose Class 9 if…

Your product is downloaded or installed — a mobile app, desktop program or firmware.

Choose Class 42 if…

Your product runs online as a service — a SaaS platform, cloud tool or API.

File both if: Your product has both a downloadable app and an online/cloud backend — the typical case for modern startups.

Frequently asked questions

Is software Class 9 or Class 42 in India?

It depends on delivery. Downloadable or installed software (apps, programs, firmware) is Class 9. Software provided as an online service (SaaS, cloud platforms, APIs) is Class 42. Many software companies file both because their product spans a downloadable app and a cloud service.

My app is free to download but runs as an online service — which class?

Both apply. The downloadable app itself is Class 9, and the online service it connects to is Class 42. Filing both gives complete protection for the app and the platform behind it.

Does Class 42 cover the app I distribute?

Not the downloadable file itself — that is Class 9. Class 42 covers the service, hosting and IT work. If you distribute a downloadable app, include Class 9 alongside Class 42.