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Which Nice Trademark Class is an App (Mobile Application) in?
- 11 July, 2018
- Nyall Engfield
An app, or mobile application, is in Trademark Class 9. However...
Class 9 contains downloadable mobile apps - if the app is on a website and not downloaded it is Class 42.
Mobile apps, when they are downloadable software, are generally classified under Class 9, which encompasses computer software and applications that are recorded on computer media. This classification is pivotal for developers seeking to safeguard the unique identity and functionality of their apps across various platforms. On the other hand, non-downloadable software, such as software as a service (SaaS) or cloud-based applications, typically falls under Class 42. This class includes services related to the design, development, and customization of computer software, particularly those that users access remotely without downloading them to their own devices. Understanding the correct classification is key for tech companies and developers to ensure comprehensive protection of their software products and services, helping to prevent unauthorized use and maintain competitive advantage in the rapidly evolving digital marketplace.
Hardware like sensors or fitness equipment that work with apps, like smartwatches, are also in class 009 but exercise equipment that works with an app is usually in class 028. If that is your product you'd file in classes 009 and 028. If the app works with smart clothing you would protect both the clothing in 025 and the app in 009.
The activities surrounding apps are filed in a variety of classes, mainly class 9 and class 42. The full list is here. Please contact us for any clarification or to file a trademark application. We're experts at classes.
| Class | Description |
| 9 | Computer application software for mobile phones |
| 9 | Computer game software for use on mobile and cellular phones |
| 42 | Computer software development in the field of mobile applications |
| 9 | Computer software, namely, software development tools for the creation of mobile internet applications and client interfaces |
| 42 | Installation of {specify type of software, e.g., computer, Internet access, mobile phone, etc.} software |
| 42 | Installation, maintenance and repair of {specify type of software, e.g., computer, Internet access, mobile phone, etc.} software |
| 42 | Installation and maintenance of {specify type of software, e.g., computer, Internet access, mobile phone, etc.} software |
| 9 | Computer software to enable the transmission of photographs to mobile telephones |
| 42 | Installation and repair of computer software, including mobile performance of such services on customer premises |
| 42 | Design and development of software in the field of mobile applications |
| 9 | Downloadable electronic game software for use on {specify, e.g., mobile and cellular phones, handheld computers, etc.} |
| 9 | Computer application software for mobile phones, namely, software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.} |
| 9 | Computer software, namely, electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web based environment |
| 42 | Providing temporary use of on-line non-downloadable computer game software which can be accessed through web sites or by mobile phones |
| 42 | Developing and managing application software for delivery of multi-media content provided by museums and other tour venues for use on multiple types of wireless mobile devices |
| 9 | Downloadable mobile applications for {indicate function of software, e.g., managing bank accounts, editing photos, making restaurant reservations, etc. and, if software is content- or field-specific, the content or field of use} |
| 9 | Computer application software for {specify items, e.g., mobile phones, portable media players, handheld computers}, namely, software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.} |
| 9 | Computer software, namely, an application allowing sales and field service employees to update and receive data stored in an enterprise's computer databases in real time, using a mobile device, with full telephony integration with the telephone and/or software features of the mobile device |
| 9 | Augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of {specify purpose of software, e.g., locating vehicles, creating maps, etc., and, if software is content- or field-specific, the content or field of use} |
| 42 | Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices |
| 9 | Downloadable software in the nature of a mobile application for {specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content- or field-specific, the content or field of use} |
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