Software has no single trademark class. What decides it is not the software itself but how you deliver it to the customer. In short:
- Class 9 — where software is supplied as a product: downloadable programs, licensed installation files, mobile application files.
- Class 42 — where software is supplied as a service: SaaS, cloud dashboards, software development and maintenance.
The shorthand "software = class 42" is widespread but misleading. Below you can work out which model applies to you.
Class Map by Business Model
| What do you do? | Core class | Often added |
|---|---|---|
| You sell desktop or installable programs | 9 | 42 (maintenance, updates) |
| SaaS — a subscription platform accessed via a browser | 42 | 9 (if there is a mobile app) |
| You publish a mobile application | 9 | 42, 41 (if content or games) |
| You develop software for others | 42 | 35 (if there is a consulting element) |
| Software consulting, architecture, audit | 42 | 35 |
| You run a software marketplace or resell | 35 | 42 |
| You provide hosting, servers, infrastructure | 42 | 38 (if there is a communications element) |
| You operate online games | 41 | 9, 42 |
Class 9: Where Software Is a Product
Class 9 covers scientific and electronic goods, and downloadable software sits within it. The test is simple: does the user download a copy of the software onto their device?
Class 9 arises where you have:
- Mobile applications published through the App Store or Google Play
- Desktop programs distributed with an installer
- Hardware products containing embedded software
- Downloadable plug-ins, themes or libraries
Note that under Communiqué 2026/2 spectacles and sunglasses moved from class 9 to class 10, which may require firms with wearable technology products to review their scope.
Class 42: Where Software Is a Service
Class 42 covers scientific and technological services. For software it carries three main headings:
- Software as a service (SaaS). The user downloads nothing and accesses through a browser. Most B2B software companies in Türkiye operate this model.
- Software development, design and maintenance. Agencies and consultancies producing software to order.
- Hosting and infrastructure services. Servers, cloud and data hosting.
For a SaaS product, taking class 9 is usually unnecessary: if there is no downloadable copy of the software you cannot show genuine use in that class, and five years after registration it becomes open to a revocation request.
Three Situations That Cause Confusion
1. "I have a website — is class 42 enough?"
The existence of a website does not determine the class. If the site is only a promotional shopfront, the class is whichever your actual activity falls into. If you sell goods through the site, class 35 arises; if you deliver a software service through it, class 42 is the core.
2. "My app is free and carries advertising"
The revenue model does not change the class. If the application is downloaded, class 9 applies. If you sell advertising space, class 35 (advertising) may be considered in addition.
3. "I am building an AI-based product"
There is no separate class for artificial intelligence products. If the model is delivered as a service through an API, class 42 applies; if it sits inside an application downloaded to a device, class 9. It is the mode of delivery, not the technology, that governs.
Is Your Name Distinctive in Software?
A significant share of refusals in the software sector stem from the brand name describing the function directly. Additions such as "Cloud", "Soft", "App", "Data" and "Tech" add no distinctiveness as a rule; the similarity assessment is made on the core word that remains once they are stripped out.
The practical consequence: with an earlier "ARYA" on the register, an application for "ARYASOFT" does not remove the similarity. The criteria are set out in Likelihood of Confusion.
This makes a similar-mark search in classes 9 and 42 particularly critical before filing — these are among the most heavily filed classes in Türkiye.
Product Name or Company Name?
A common situation in software companies: the company is known by one name and the product by another. Priority belongs to whichever carries value in the market — and that is usually the product name.
Protecting both requires two applications. If the budget is limited, start with the name the customer pronounces, searches for and recommends.
Next Step
Once your class map is settled, the question is whether the mark is available in those classes. Let us work through the scope and the search together: our trademark registration team will set the 9/42 balance for your product model with reasons.
For the whole registration process for software firms — documents, investment rounds, the domain relationship — see Trademark Registration for Software and SaaS Companies.