Nice Class 42 — Software & Technology Services Trademark Guide

In 2001, the USPTO added Class 42 as a catch-all for "scientific and technological services." Nobody quite anticipated that it would become the defining trademark class of the entire software industry. Twenty years later, Class 42 is where Salesforce, Stripe, Shopify, Slack, Zoom, and thousands of B2B SaaS companies register their most important trademarks.

If your company exists to deliver technology through a network — a web app, a cloud API, a hosted platform — this guide is for you.

What Class 42 Covers (and What It Doesn't)

Class 42 is defined as covering scientific and technological services, including research and design; computer software services; and services related to the consulting, design, installation, and maintenance of computer hardware and software. In practice, this breaks down into:

• Software-as-a-service (SaaS): browser-based applications, no download required
• Platform-as-a-service (PaaS) and infrastructure-as-a-service (IaaS)
• API services: data processing, payment processing, mapping, identity verification
• Cybersecurity services: threat detection, penetration testing, vulnerability scanning
• Cloud computing and data storage services
• Artificial intelligence and machine learning as a service
• Software development and IT consulting services
• Website design and hosting services

Class 42 does not cover: downloadable software (Class 9), business consulting unrelated to technology (Class 35), financial technology products (which often span Classes 35, 36, and 42), or advertising services (Class 35).

The SaaS Founders' Blind Spot

Here's a pattern that trademark attorneys see constantly: a startup files a Class 9 trademark for their app, gets it registered, and assumes they're protected. Two years later, a competitor launches a SaaS product with a nearly identical name and the first company's lawyer has to explain an uncomfortable truth — the Class 9 mark doesn't clearly cover the hosted service.

The USPTO distinguishes between software as a product (Class 9) and software as a service (Class 42). A registration in Class 9 for "downloadable software for project management" may not prevent a competitor from using a similar name for a browser-based project management service in Class 42. The goods are different enough that they live in separate classes.

Class 42 in Practice: Notable Registrations

Some of the most valuable trademarks in the world are Class 42 registrations:

• Salesforce — the CRM platform name and logo are registered primarily in Class 42 for cloud-based customer relationship management services
• Stripe — payment processing via API is a Class 42 service (technology services), not Class 36 (financial services), though Stripe holds registrations in multiple classes
• Shopify — e-commerce platform services are Class 42; the retail-enabling functionality sits alongside Class 35 retail services registrations
• Zoom Video Communications — video conferencing as a hosted service is Class 42
• Cloudflare — content delivery network services, DNS, and cybersecurity sit in Class 42

Describing Your Services Correctly

The USPTO requires specific identification of services in your application. "Software services" alone will get rejected — you need to describe what the software does. Acceptable examples:

• "Software as a service (SaaS) featuring software for project management"
• "Providing temporary use of non-downloadable software for customer relationship management"
• "Cloud computing services featuring software for data analytics"
• "Cybersecurity services, namely, monitoring and threat detection for computer networks"

The phrase "non-downloadable software" is the standard USPTO-approved language for SaaS products. Using it correctly signals to the examiner exactly what you're protecting and prevents unnecessary office actions over goods identification.

Frequently Asked Questions

See which trademarks are already registered in Class 42 before filing your application.