Two companies can both hold Class 9 trademarks and never come near a conflict — a camera brand and a GPS-navigation brand are both filed here, but they cover entirely different goods with no risk of consumer confusion. That breadth is exactly why Class 9 has become the most filed trademark class in the world by a wide margin: it covers scientific, electrical, photographic, and IT apparatus, and because it swept up all downloadable software and apps once the smartphone era arrived, it turned from a niche technology category into the default landing spot for nearly every tech company's first trademark.
Downloaded vs. Hosted: The Question Every Founder Gets Wrong Once
Does your software go in Class 9 or Class 42? The answer depends entirely on delivery. Class 9 is downloadable software, apps, firmware, computer games, and operating systems — the user downloads and installs something. Class 42 is software-as-a-service, cloud-based platforms, and hosted applications — the user accesses it through a browser or API without downloading anything. Most modern software companies need both: 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 platform (Class 42). Filing only one class leaves half the protection on the table.
Rule of thumb: if your product is entirely browser-based with no downloadable component, you may not need Class 9 at all. But the moment there's any native app — iOS, Android, desktop — Class 9 becomes mandatory alongside whatever hosted service you also register.
The Breadth Nobody Expects
Beyond computers and smartphones, Class 9 reaches downloadable software, apps, games, and operating systems; consumer electronics like cameras, headphones, speakers, televisions, and monitors; scientific instruments including laboratory equipment and measuring devices; safety-rated equipment like fire extinguishers, life jackets, and helmets; navigation equipment from GPS devices to maritime instruments; recorded media pre-loaded on USB drives, DVDs, or memory cards; eyeglasses, contact lenses, and sunglasses as optical apparatus; and EV charging stations and related equipment. Apple holds thousands of Class 9 registrations spanning hardware, software, and the iOS ecosystem; Google registers its search engine, ad platform, and every product from Maps to Workspace here and in Class 42; Samsung registers every product line independently, from TVs to chips to phones; and Microsoft carries separate Class 9 registrations for Windows, Office, Azure, Xbox, and Surface. Enterprise tech companies treat filing as a routine step in every product launch, not a one-time event.
Proving You Actually Use the Mark
When filing 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, or packaging — physical or digital — that shows 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 with no clear connection to the software itself. The examiner needs to see the mark directly tied to the actual goods.
Quick answers: a free app still needs Class 9 protection — trademark law cares about use in commerce, not whether you charge money, and a free app distributed as part of a commercial enterprise qualifies. An AI model distributed as downloadable software is Class 9, while one accessed via API as a hosted service is Class 42, and many AI companies need both — the trademark protects the brand name applied to the product, not the underlying technology, which is patent territory instead. And multi-class applications let you cover several classes in one USPTO filing administratively, but each class still requires its own fee and its own specimen — there's no financial shortcut to covering Class 9 and Class 42 together.
Browse Class 9 trademark registrations to see what marks already exist in this space before you file.