The Most Filed Class in the World
Nice Class 9 covers scientific, electrical, photographic, and IT apparatus — and because it includes all downloadable software and apps, it has become the most filed trademark class globally by a significant margin. Every startup building an app, every hardware manufacturer, and every company with a downloadable product needs to understand Class 9.
The explosion of mobile applications since 2008 turned Class 9 from a niche technology category into the default landing spot for nearly every tech company's first trademark. If your product exists in digital form, it almost certainly belongs here.
The Class 9 vs Class 42 Problem
This is the question every software company gets wrong on their first filing: does my software go in Class 9 or Class 42?
The answer depends on how the software is delivered:
- Class 9 — downloadable software, apps, firmware, computer games, operating systems. The user downloads and installs something.
- Class 42 — software-as-a-service (SaaS), cloud-based platforms, hosted applications. The user accesses the software through a browser or API without downloading it.
Most modern software companies do both. A product like Slack has a downloadable desktop app (Class 9) and a hosted cloud service (Class 42). Spotify has a downloadable app (Class 9) and a streaming service platform (Class 42). Filing only one class leaves half your protection on the table.
SaaS founders take note: If your product is entirely browser-based with no downloadable component, you may not need Class 9 at all. But if there's any native app — iOS, Android, desktop — Class 9 is mandatory.
What Class 9 Actually Includes
The scope of Class 9 is broad. Beyond computers and smartphones, it includes:
- Downloadable software, apps, games, and operating systems
- Consumer electronics: cameras, headphones, speakers, televisions, monitors
- Scientific instruments: laboratory equipment, measuring devices, testing apparatus
- Safety equipment: fire extinguishers, life jackets, helmets (safety-rated)
- Navigation equipment: GPS devices, maritime navigation instruments
- Recorded media: pre-loaded content on USB drives, DVDs, memory cards
- Eyeglasses, contact lenses, sunglasses (optical apparatus)
- Electric vehicle charging stations and related equipment
The breadth makes Class 9 simultaneously the most important and most complicated class to navigate. Two companies can both have Class 9 marks without conflicting — a camera trademark and a GPS navigation trademark are both in Class 9 but cover entirely different goods with no risk of consumer confusion.
Big Tech and Class 9
To understand how seriously technology companies take Class 9, look at the volume of their filings:
- Apple Inc. — thousands of Class 9 registrations covering hardware products, software, and the iOS ecosystem
- Google LLC — its search engine, advertising platform, and every Google product from Maps to Workspace are registered in Class 9 and/or 42
- Samsung Electronics — registers every product line name independently in Class 9, from TVs to chips to smartphones
- Microsoft Corporation — Windows, Office, Azure, Xbox, and Surface all carry separate Class 9 registrations
Enterprise tech companies treat trademark registration as a routine business process, not a one-time event. Every product launch includes a trademark filing.
The Specimen Problem for Software
When you file a use-in-commerce Class 9 application for software, the USPTO requires a specimen showing the mark in actual use. For downloaded software, acceptable specimens include:
- A screenshot of the app store listing showing the mark prominently
- A screenshot of the app's launch screen with the trademark displayed
- Packaging (physical or digital) that prominently displays the mark alongside the download link
What doesn't work: a general website screenshot where the software isn't clearly identified as a downloadable product, or a marketing brochure without a clear connection to the software itself. The USPTO examiner needs to see the mark directly associated with the software goods.
Frequently Asked Questions
Does a free app need a Class 9 trademark?
Yes. Trademark protection is not about whether you charge for the product — it's about use in commerce, which includes free apps offered as part of a business model. A free app can still be protected in Class 9 as long as it's distributed in interstate commerce as part of a commercial enterprise.
Can I protect an AI model under Class 9?
An AI model distributed as downloadable software belongs in Class 9. If it's accessed via API as a hosted service, that's Class 42. Many AI companies need both. The trademark protects the brand name applied to the AI product, not the underlying technology itself (that would be patent territory).
What if my product spans multiple classes?
Multi-class applications let you cover multiple classes in a single USPTO filing, which is administratively simpler. However, each class still requires its own filing fee and its own specimen. There's no financial shortcut to covering Class 9 and Class 42 together — you pay for both.
Browse Class 9 trademark registrations to see what marks already exist in this space before you file.