Trademark Class 9: Electronics & Software | Complete Filing Guide
Everything you need to file a trademark in Class 9. Covers computers, software, apps, electronics, and scientific instruments.
Class 9 is the most popular trademark class for technology companies. It covers computers, downloadable software, mobile apps, electronics, and scientific instruments. If you are building a tech product, you are probably filing here.
What Class 9 Covers
Class 9 has the broadest scope of any goods class, with over 3,100 accepted descriptions. The official heading is "Electrical and Scientific Apparatus," but that undersells what actually falls within this class.
The World Intellectual Property Organization defines five general categories:
- Information technology and audiovisual equipment - Computers, phones, tablets, headphones, cameras
- Scientific and research instruments - Laboratory equipment, measuring devices, optical instruments
- Optical apparatus - Eyeglasses, contact lenses, magnifying glasses
- Safety equipment - Fire extinguishers, life-saving apparatus, protective helmets
- Electrical control devices - Batteries, chargers, switches, cables
Included in Class 9
Consumer Electronics:
- Computers, laptops, tablets, and monitors
- Smartphones and mobile phones
- Headphones, earbuds, and speakers
- Cameras and video recording equipment
- Smartwatches and wearable devices
- USB drives and external storage
Software and Applications:
- Downloadable mobile applications
- Downloadable computer software
- Operating systems
- Computer games (downloadable)
- Software development tools
Scientific and Optical:
- Laboratory instruments
- Microscopes and telescopes
- Eyeglasses and contact lenses
- Measuring and weighing instruments
- GPS devices and navigation equipment
Safety and Electrical:
- Fire extinguishers and alarms
- Protective helmets and goggles
- Batteries and chargers
- Power adapters and cables
- Solar panels and photovoltaic cells
NOT Included in Class 9
Even if your product uses electricity or technology, it may belong elsewhere:
- Electric kitchen appliances (blenders, mixers) → Class 7 (Machinery)
- Hair dryers, electric toothbrushes → Class 11 (Environmental Control)
- Electric razors and clippers → Class 8 (Hand Tools)
- Watches and clocks → Class 14 (Jewelry)
- Video game consoles and controllers → Class 28 (Toys & Sporting Goods)
- Medical devices and apparatus → Class 10 (Medical Apparatus)
- SaaS and cloud software (browser-based) → Class 42 (Technology Services)
Software: Class 9 vs. Class 42
This is the most common classification question for tech companies.
Class 9 (this class): Downloadable software. If users download and install your application on their device, file in Class 9. This includes mobile apps, desktop software, and games.
Class 42: Software as a service (SaaS). If users access your software through a web browser without downloading, file in Class 42. This includes cloud platforms, web applications, and hosted services.
Many companies need both. If you offer a downloadable app AND a web dashboard, you likely need Class 9 for the app and Class 42 for the web service.
Common Goods Descriptions
Using pre-approved descriptions from the USPTO Trademark ID Manual avoids the $200 custom description surcharge.
Popular pre-approved descriptions for Class 9:
- Downloadable mobile applications for [specific purpose]
- Downloadable computer software for [specific purpose]
- Computer hardware
- Electronic tablets
- Headphones
- Protective helmets
- Eyeglasses
- Batteries
- USB flash drives
- Smart watches
Important: The USPTO requires specific descriptions. "Computer software" alone is too broad. You must specify the function, such as "Downloadable computer software for project management" or "Downloadable mobile application for fitness tracking."
Well-Known Marks in Class 9
These recognizable brands are registered in Class 9:
- Apple - Computers, phones, tablets, headphones, watches, and downloadable software (macOS, iOS, iCloud, Siri)
- Microsoft - Computer hardware, software, and gaming accessories
- Samsung - Smartphones, tablets, televisions, and consumer electronics
- Sony - Cameras, headphones, televisions, and gaming hardware
- Google - Hardware devices (Pixel phones, Nest products) and downloadable apps
- Adobe - Downloadable creative software
- Spotify - Downloadable music streaming application
Filing Tips for Class 9
Be Specific About Software Function
The USPTO will reject vague software descriptions. Instead of "computer software," describe what your software does:
- Good: "Downloadable computer software for managing customer relationships"
- Bad: "Computer software for business purposes"
Consider Your Full Product Line
If you make both hardware and software, you may need multiple descriptions within Class 9, or you may need additional classes:
- Hardware + downloadable software = Class 9 (possibly multiple entries)
- Hardware + cloud software = Class 9 + Class 42
- Hardware + related services = Class 9 + Class 35 or 42
Specimens for Software
For software trademarks, acceptable specimens include:
- Screenshots of the app showing the mark
- Website pages where the software is sold or downloaded
- Product packaging if software is sold in physical form
Related Classes
If you are filing in Class 9, you may also need:
- Class 35: Advertising & Business - Online retail store services
- Class 38: Telecommunications - Streaming and data transmission
- Class 41: Education & Entertainment - Online courses and gaming services
- Class 42: Technology Services - SaaS, cloud computing, and IT consulting
Filing Fees
Current USPTO fees for Class 9 trademark applications (2025):
| Filing Type | Fee per Class |
|---|---|
| Electronic filing (ID Manual description) | $350 |
| Electronic filing (custom description) | $550 |
| Paper filing | $1,000 |
Each additional class adds the same fee. A typical tech company filing in Class 9 and Class 42 pays $700-$1,100 in filing fees.
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