# Which Trademark Class Does Software Fall Into? > Which class does software fall into? Downloadable software is class 9; SaaS and development services are class 42. A guide to choosing by delivery model. - Canonical: https://www.webx.net.tr/en/blog/trademark-class-for-software - Language: en - Last updated: 2026-08-20 - Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/) _Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._ --- 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](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law). This makes a [similar-mark search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-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](https://www.webx.net.tr/en/hizmetler/marka-tescil) 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](https://www.webx.net.tr/en/blog/trademark-registration-for-software-and-saas-companies). ## Frequently Asked Questions ### Is software class 9 or class 42? It can be either. If you deliver software as a product (a downloadable program, a licensed installation, an application file) it is class 9; if you provide it as a service accessed over the internet (SaaS, a cloud dashboard, a subscription) it is class 42. For most companies operating a SaaS model, class 42 is the core. ### Should I take both 9 and 42? If your product is delivered in both forms — a desktop application plus a web dashboard, for instance — both make sense. For a product accessed only through a browser, class 9 is usually unnecessary and carries a revocation risk after five years of non-use. ### I provide software development services. Which class? Agencies and consultancies developing software for others fall into class 42, which covers software design, development, maintenance and updating services. ### I sell my software by subscription. Do I also need class 35? Selling your own software through your own channel does not, as a rule, require a separate class 35. Class 35 becomes relevant when you bring together the goods and services of others for sale — a marketplace, a reseller arrangement, a multi-brand platform. ### I develop games. Which class? Downloadable game software is class 9; online game services are class 41 (entertainment services). If you sell in-game items, class 35 should also be considered. ## Related Resources - [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate. - [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends. - [Which Trademark Class Do Mobile Apps Fall Into?](https://www.webx.net.tr/en/blog/trademark-class-for-mobile-apps): Mobile apps fall into class 9 because they are downloaded; the service behind them is class 42 and games class 41. A guide by application type. - [Trademark Classes in Turkey: All 45 Classes Explained](https://www.webx.net.tr/en/blog/45-nice-classification-classes-full-list): What are the trademark classes? The full list of all 45 Nice classes, what each one covers, and the changes introduced by TÜRKPATENT Communiqué 2026/2. - [How to Choose Trademark Classes: A 5-Step Method](https://www.webx.net.tr/en/blog/trademark-classes-and-nice-classification): How do you choose trademark classes? A five-step method for translating your business into goods and services classes, how to draft scope, and the mistakes to avoid. - [Trademark Registration for Software and SaaS Companies](https://www.webx.net.tr/en/blog/trademark-registration-for-software-and-saas-companies): For software companies a trademark is a standard due diligence item. Product name or company name, the domain relationship, and app store risk. - [How to Draft the Goods and Services List for a Trademark in Turkey](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list): How to draft a trademark goods and services list in Turkey: subgroups, broad vs. selective lists, Class 35 retail services, fee item 02.01.34 and an example. - [Which Class Are Cosmetics Brands Registered In?](https://www.webx.net.tr/en/blog/trademark-class-for-cosmetics-brands): Cosmetics brands are registered in class 3; dermocosmetics and supplements may fall into class 5 and treatment services into class 44. A guide by product type.