Trademark Class 42: Technology Services | Complete Filing Guide
Everything you need to file a trademark in Class 42. Covers SaaS, cloud computing, web hosting, software development, and IT consulting.
Class 42 covers scientific and technological services, including SaaS platforms, cloud computing, web hosting, and software development. If your software runs in the cloud or is accessed through a browser, you are filing here.
What Class 42 Covers
Class 42 is the services counterpart to Class 9. While Class 9 covers products you download, Class 42 covers services you access online or receive from technology professionals.
The class includes services provided by engineers, programmers, scientists, and other technology professionals:
- Software as a Service (SaaS) - Cloud-based software accessed via browser
- Platform as a Service (PaaS) - Cloud infrastructure for developers
- Web hosting and cloud services - Server hosting, data storage, CDN services
- Software development - Custom programming, app development, system integration
- IT consulting and support - Technical consulting, system analysis, cybersecurity
Included in Class 42
Cloud and SaaS Services:
- Software as a service (SaaS) platforms
- Platform as a service (PaaS) offerings
- Cloud computing services
- Cloud data storage
- Web-based applications
Website and Hosting:
- Website hosting services
- Domain registration services
- Website design and development
- Website maintenance
- Content management systems (hosted)
Software Development:
- Computer programming services
- Software development and design
- Mobile application development
- System integration services
- Software consulting
IT and Technical Services:
- Computer system analysis
- IT consulting and support
- Cybersecurity services
- Data encryption services
- Computer virus protection
Scientific and Engineering:
- Scientific research services
- Engineering consulting
- Industrial design
- Quality control testing
- Technical project studies
NOT Included in Class 42
These related services belong in other classes:
- Downloadable software → Class 9 (goods, not services)
- Online advertising services → Class 35 (Advertising & Business)
- Streaming music or video → Class 41 (Education & Entertainment)
- Online social networking → Class 45 (Legal & Security Services)
- Telecommunications and data transmission → Class 38 (Telecommunications)
- Online retail stores → Class 35 (Advertising & Business)
SaaS: Class 9 vs. Class 42
This is the critical distinction for software companies.
Class 9: Downloadable software. Users download and install your application on their device. This includes mobile apps from app stores, desktop applications, and software sold on physical media.
Class 42 (this class): Browser-based software. Users access your software through a web browser without downloading. This includes web applications, cloud platforms, and hosted services.
The test is simple: Can users access your software without downloading anything? If yes, file in Class 42. If they must download to use it, file in Class 9.
Most SaaS companies need both. If you have a web app AND a mobile app, you need:
- Class 42 for the web-based SaaS platform
- Class 9 for the downloadable mobile application
Common Services Descriptions
Using pre-approved descriptions from the USPTO Trademark ID Manual avoids the $200 custom description surcharge.
Popular pre-approved descriptions for Class 42:
- Software as a service (SAAS) services featuring software for [specific purpose]
- Providing temporary use of non-downloadable software for [specific purpose]
- Computer software development
- Website design and development
- Computer programming services
- Hosting of websites
- Cloud computing services
- Data encryption services
- Computer security consultancy
Important: Like Class 9, you must specify the function of your software. "SAAS services" alone is too vague. Describe what your software does.
Well-Known Marks in Class 42
These recognizable brands are registered in Class 42:
- Salesforce - CRM software as a service
- Shopify - E-commerce platform hosting and web store services
- Microsoft - Cloud computing and non-downloadable software services
- GoDaddy - Web hosting, domain services, and website building
- AWS (Amazon Web Services) - Cloud computing and hosting infrastructure
- Slack - Cloud-based collaboration platform
- Zoom - Video conferencing as a service
- OpenAI - AI platforms and research services
Filing Tips for Class 42
Be Specific About Your Service
The USPTO requires specific descriptions. Vague descriptions get rejected or require amendment:
- Good: "Software as a service (SAAS) services featuring software for customer relationship management"
- Bad: "Software as a service"
- Good: "Providing temporary use of non-downloadable software for project management"
- Bad: "Providing software services"
Consider Your Full Offering
SaaS companies often need multiple classes:
| What You Offer | Class |
|---|---|
| Web-based SaaS platform | Class 42 |
| Downloadable mobile app | Class 9 |
| Online courses or training | Class 41 |
| Marketplace or advertising | Class 35 |
| Data transmission services | Class 38 |
Specimens for SaaS Services
For Class 42 trademarks, acceptable specimens include:
- Screenshots of your web application showing the mark
- Subscription or signup pages
- Marketing materials showing the service and mark together
- Service agreements referencing the mark
Note: The specimen must show the mark used in connection with the actual service, not just on a homepage.
Related Classes
If you are filing in Class 42, you may also need:
- Class 9: Electronics & Software - Downloadable software, mobile applications, hardware
- Class 35: Advertising & Business - Online retail, advertising services, business consulting
- Class 38: Telecommunications - Telecommunications, streaming, data transmission
- Class 41: Education & Entertainment - Online education, entertainment services, gaming services
Filing Fees
Current USPTO fees for Class 42 trademark applications (2025):
| Filing Type | Fee per Class |
|---|---|
| Electronic filing (ID Manual description) | $350 |
| Electronic filing (custom description) | $550 |
| Paper filing | $1,000 |
A typical SaaS company filing in Class 42 and Class 9 pays $700-$1,100 in filing fees.
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