Nice Classes for SaaS
Which trademark classes do software companies need? A practical guide.
Founder & Developer of markencheck.ai
What Is SaaS and Where Does It Fit?
Software-as-a-Service (SaaS) refers to cloud-based software services accessed via the internet. In the Nice Classification, SaaS is clearly assigned to Class 42 (services). Class 42 specifically covers IT service activities such as software hosting, development, maintenance and other computer-related services. For how the full 45-class system is built up, see the overview Nice classes explained.
Typical Nice Classes for SaaS Companies
• Class 9 (Goods): Downloadable software products and devices. If you also offer software for download (e.g. desktop apps), these may be classified as goods in Class 9. Class 9 also often includes mobile apps (when they qualify as software products), computer hardware and data carriers. • Class 42 (Services): This is where you register your SaaS platforms, cloud services, hosting, software development, IT consulting, etc. (Class 42 explicitly includes “development of computer software” and SaaS.) • Additional classes depending on your offering: • Class 35: For advertising or administrative services – e.g. if you also operate e-commerce or offer software solutions for retail/wholesale (subscription distribution). • Class 38: Telecommunications services, if your SaaS is strongly connected to communication networks (e.g. platforms for VoIP or data transfer). • Class 41: Training or education related to your software (e.g. online courses). • Class 45: (rare) Cybersecurity services, if this is your core business. Important: Registering only Class 42 is often not enough. A SaaS company should register at least Class 42 for the service itself. We recommend Class 9 if there is an actual software version that users can purchase or download. Detail per class: Class 42 – IT services, Class 9 – Software & electronics and Class 35 – Advertising & retail.
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Common Mistakes and Pitfalls
• Confusing SaaS and software: A classic mistake: Entrepreneurs register their SaaS app only in Class 35 (“online trade in software”) or assume the distribution falls under 35. In reality, the actual online software use should be registered in Class 42. Missing Class 42 means someone else can get an identical name in 42 and your mark won’t apply there! • Using only class headings: Some use only “Software” as a catch-all in Class 9. This can lead to limited protection. More specific descriptions (e.g. “web-based accounting software; SaaS platform for project management”) are better. • Missing specific descriptions: SaaS can be technical – use clear formulations: “SaaS (Software as a Service) for [your application area]” in Class 42 and “Downloadable computer programs…” in Class 9. • Not considering future offerings: If your SaaS company plans partnerships or add-ons, check whether these require their own classes. E.g. an affiliated app store might fall under Class 42 (hosting) and Class 35 (distribution). • Misunderstanding marketing services: Many believe “online advertising for IT” also belongs in Class 42. In reality, advertising is almost always Class 35. Check carefully in which context your online platform operates. • Word/figurative mark edge case: If your brand name contains a word used in a figurative mark, protection only covers the overall logo – not the word alone. A SaaS company with a logo-based name should also protect the word mark if the word itself is distinctive.
Planning Tips for SaaS
• Multi-class coverage: SaaS companies traditionally cover at least Classes 9 and 42. Class 9 for technical products (downloads) and Class 42 for online services. If you also do online marketing, add Class 35. • Split your specifications: Formulate Class 42 services and Class 9 products separately. Example: • Class 9: “Downloadable computer programs for [your purpose]” (goods). • Class 42: “Provision of online software services in the field of [your purpose]; software development; cloud hosting.” • Example wording: “Software for data analysis, available for download and as an online service (Software as a Service).” • Monitor changes: Technology in the SaaS space evolves constantly. New technologies are introduced regularly. Use the current class version (DPMA/WIPO update annually) and adjust your goods and services specification as needed.
Summary
SaaS companies should pursue a multi-class strategy when filing trademarks: Primarily Class 42 (for the service) plus potentially Class 9 (for software products). Make sure to describe technical details precisely. Avoid overly generic descriptions and don’t forget relevant classes. A well-planned class selection increases your trademark’s protection and reduces surprises. You now know the relevant classes — start the trademark check for Class 9 and 42 now.
Frequently Asked Questions
Which Nice class does a SaaS company need?
The core is class 42: according to the WIPO Nice Classification it covers software as a service and software development. Depending on your business model, add class 9 for downloadable software and apps, and class 35 for retail and advertising services. Most SaaS filings combine two or three of these classes.
Is class 42 alone enough for SaaS?
Often not. Class 42 protects the cloud-based delivery, but not the downloadable app (class 9) and no retail or platform services (class 35). If you offer a mobile app or broker third-party services through your platform, skipping the additional classes leaves a protection gap. Plan the scope before filing, because the list of goods and services cannot be extended afterwards.
How much does filing a trademark in three classes cost?
At the DPMA, the electronic filing fee of €290 includes up to three classes according to the 2026 fee schedule. For an EU trademark at the EUIPO, the online basic fee is €850 for one class, €50 for the second, and €150 for each additional class — so €1,050 for three classes.
How do I find the right terms for my list of goods and services?
Use the DPMA’s harmonised classification database (eKDB) with around 73,000 accepted terms, or the EU counterpart TMclass. Using only terms from these databases avoids formal objections. Be specific (“software as a service for accounting”) instead of generic (“software”) so the scope of protection matches what you actually offer.
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Class 9 and 42 — checked simultaneously
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Phonetically similar names across Class 9 and 42 are ranked by relevance — including class overlap
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