# Trademark Registration for Hosting and Domain Companies

> Trademark registration for hosting companies: hosting and cloud in Class 42, email and access in 38, domain registration in 45. Phishing and reseller risks too.

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- Last updated: 2026-10-11
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Trademark registration for hosting companies usually starts with Class 42: in the Nice Classification, hosting computer websites, server hosting, providing virtual computer systems through cloud computing, SaaS, PaaS and electronic data storage all sit in this class. **Domain name registration, as a legal service, falls in Class 45, while transmission of electronic mail and providing user access to global computer networks fall in Class 38.** The right scope comes from a map of the services you actually offer.

Below: a class table by service type, the generic name risk specific to this sector, the legal tools against phishing domains and fake payment pages, the allocation rules for .tr domains, who owns the brand in white-label and reseller models, and the role of monitoring.

## Which classes should hosting and domain companies register in?

For most companies, the core class is 42; Class 38 is added if you offer email or internet access, and Class 45 if you register domain names. Class 9 comes into play only if customers receive downloadable software, and Class 35 only if you offer other companies' services through a reseller or multi-brand sales structure. The table below shows the typical setup by service type:

| Service you offer | Core class | Additional class (and when) |
| --- | --- | --- |
| Shared web hosting | 42 (hosting computer websites) | 38, if you also provide email transmission |
| Server rental, dedicated servers | 42 (server hosting) | 38, if network access is sold as a separate service |
| Cloud servers, VPS | 42 (providing virtual computer systems through cloud computing) | 9, if customers receive downloadable client software |
| Control panel, SaaS or PaaS | 42 (SaaS, PaaS) | 9, if the panel has a downloadable version |
| Backup and data storage | 42 (electronic data storage) | Usually not needed |
| Business email infrastructure | 38 (transmission of electronic mail) | 42, for the server hosting component |
| Internet access service | 38 (providing user access to global computer networks) | 42, if you also offer hosting |
| Domain name registration (registrar) | 45 (registration of domain names, legal services) | 42, if you also offer hosting |
| Reseller program | 35, if you sell other companies' services | 42, if you also run your own infrastructure |

Treat the table as a starting point: what is protected is the wording in your goods and services list, not the class number. Under Article 11(4) SMK, being in the same class does not create a presumption of similarity, and being in different classes does not create a presumption of dissimilarity. The logic behind the Class 9/42 split on the software side is explained in detail in our article on the [trademark class for software](https://www.webx.net.tr/en/blog/trademark-class-for-software).

### Class 42: the core of hosting

Class 42 covers scientific and technological services. In the 2026 edition of the Nice Classification, the items that matter most directly to hosting companies are:

- "Hosting computer websites": hosting websites for customers.
- "Server hosting": hosting servers.
- "Providing virtual computer systems through cloud computing": cloud-based virtual machines.
- "Software as a service \[SaaS\]": software delivered as a service.
- "Platform as a service \[PaaS\]": platforms delivered as a service.
- "Electronic data storage": storing customers' data electronically.

Choosing these items according to the real scope of your services reduces both the risk of opposition and the later risk of revocation over unused scope.

### When do you add Classes 38, 45, 9 and 35?

The heading of Class 38 is "Telecommunications services"; "providing user access to global computer networks" and "transmission of electronic mail" both sit in this class. For companies that sell email infrastructure as a separate product or provide connectivity, Class 38 is a genuine need. Domain name registration appears in the Nice Classification as "registration of domain names \[legal services\]" in Class 45; registrars and domain resellers should not skip this class.

Class 9 covers software that users download to their devices, so it is usually unnecessary for a panel that runs only in the browser. Class 35, meanwhile, is not required on its own just because you sell your own service through your own channels; it comes into play when you bring together and sell other companies' services. If your SaaS product is marketed under a separate name, see our guide to [trademark registration for software and SaaS companies](https://www.webx.net.tr/en/blog/trademark-registration-for-software-and-saas-companies) for product name strategy.

## Why are generic names risky for hosting brands?

Because words such as "host," "cloud," "server," "web" and "net" describe the service itself in this sector. Article 5(1)(b) of Industrial Property Law No. 6769 (SMK) bars the registration of signs devoid of distinctive character, and Article 5(1)(c) bars signs that indicate the kind, quality or intended purpose of the service. A name made up only of such words faces a real risk of refusal in examination by TÜRKPATENT (Turkish Patent and Trademark Office).

An example with invented names: "BulutHost" combines two descriptive words ("bulut" is Turkish for cloud) and is weak on its own. In "Zanotra Cloud," the distinctiveness comes from "Zanotra"; "Cloud" adds none, and your competitors remain free to use that word. Similarity is also usually assessed on the core word left after such descriptive add-ons are stripped away.

Practical ways to find a distinctive name:

- Make an invented word, or one unrelated to the service, the core element; use a descriptive word only as a secondary element.
- Avoid variants built by adding a suffix to a competitor's name; if the core word is similar, the suffix does not solve the problem.
- Plan the name together with your trade name, domain name and social media handle; when all four share the same core, protection is easier.
- Run a similar mark search in Classes 42, 38 and 45 before you commit.

Under Article 5(2) SMK, a name that acquired distinctiveness through use before the filing date cannot be refused on these grounds, but proving that requires extensive evidence of use and is no plan for a new brand. For a method to choose a name, see our guide on [how to choose a brand name](https://www.webx.net.tr/en/blog/how-to-choose-a-brand-name).

## What can you do about phishing domains imitating your brand?

Phishing is a fraud technique that lures your customers to a fake site resembling your real control panel or payment page in order to capture their login or card details. Because their customers make regular renewal payments, hosting and domain companies can be attractive targets for such attacks. In this situation, a registered trademark is your basis both for reports to platforms and for court action.

Article 7(3)(d) SMK lists among the prohibitable acts the use of an identical or similar sign online, in a way that has a commercial effect, as a domain name, redirecting code or keyword, provided the user has no right or legitimate connection to the sign. Unauthorized use is infringement under Article 29(1)(a); Article 149 sets out claims for a declaration, cessation, removal and compensation for material and non-material damage, and Article 159 governs preliminary injunctions. In practice, the sequence is:

1. **Preserve the evidence:** Save screenshots of the fake page, its full URL, the date and time, the domain's registration data and the header information of any emails sent.
2. **Warn your customers:** Clearly announce your official domains and payment channels in your panel and emails.
3. **File abuse reports:** Report the site to its hosting provider and to the registrar of the domain, attaching your registration certificate and the evidence.
4. **Go after the domain:** Depending on the extension, consider the UDRP or the .tr dispute procedure; the outcome of these procedures is cancellation or transfer.
5. **Prepare for court:** If the attack continues or has caused damage, build an infringement action and preliminary injunction request on the same evidence.

Which procedure applies to which extension, and the conditions of each, are covered in detail in our guide to [UDRP and .tr domain name disputes](https://www.webx.net.tr/en/blog/domain-name-disputes-udrp-and-tr).

### Fake payment pages and renewal emails

A common pattern is a "hosting or domain renewal" email bearing your logo that sends customers to a fake payment page. Unauthorized use of a mark on business papers and in advertising can also be prohibited under Article 7(3)(ç) SMK. Making sure customers know in advance which address their invoices come from is the measure that most reduces the impact of such attacks. Fake registration and renewal payment requests sent to trademark owners themselves follow the same pattern; how to tell them apart is explained in our article on [fake trademark invoices and payment requests](https://www.webx.net.tr/en/blog/fake-trademark-invoices-and-payment-requests).

### If you receive a complaint about a site on your own infrastructure

As a hosting company, you may also be on the receiving end: the owner of another brand may report that a site hosted on your servers imitates its trademark. The obligations of hosting providers are governed by separate legislation; from a trademark law perspective, what you need is a written internal process that assesses the complaint together with the registration certificate and evidence, gives your customer a chance to respond, and records each decision.

## How do you secure your brand in .tr domain names?

The most effective approach is to register the .tr variants that contain your brand name early and keep your trademark registration ready as the basis for any dispute. TRABİS is the registry system through which .tr domain names are allocated, and it went live on September 14, 2022. Since then, extensions such as .com.tr, .net.tr and .org.tr can be allocated without documents on a first-come, first-served basis, while document-based allocation also continues.

The consequence is clear: anyone can now take a .com.tr name containing your brand without submitting any documents. Companies that resell domains can make these registrations quickly from their own systems; covering common misspellings and hyphenated variants alongside the main name also reduces phishing risk. We explain why owning a domain name does not by itself create trademark rights, and how to plan the two together, in our article on [domain name vs. trademark registration](https://www.webx.net.tr/en/blog/domain-name-vs-trademark-registration).

## Who owns the brand in white-label and reseller models?

The brand belongs to whoever it is registered to in the register; the relationship between the infrastructure provider and the reseller does not change that automatically. White-label means one company's infrastructure being offered to customers under another company's own brand. In this model, the reseller's own brand should be registered in the reseller's name and the infrastructure provider's brand in the provider's name, and any use by one of the other's brand should rest on a written license.

Under Article 24 SMK, a trademark can be licensed for some or all of the services it is registered for; unless the contract says otherwise, the license is non-exclusive and the licensee cannot grant sublicenses. The licensor must take measures to ensure the quality of the services provided. Exceeding the rights granted under a license without authorization, or transferring them to third parties, is infringement under Article 29(1)(ç). A reseller agreement should state clearly:

- Which services, channels and period the reseller may use the brand for.
- Whether sub-resellers may be granted permission to use the brand.
- That the reseller may not register the brand or a similar sign in its own name, or register it as a domain name.
- How use of the brand and any domain names containing it will end when the relationship ends.
- Standards for service quality and for handling customer complaints.

Under Article 148(4) SMK, legal transactions must be in writing; under Article 148(5), rights arising from transactions not recorded in the register cannot be asserted against third parties acting in good faith. Under TÜRKPATENT's 2026 fee schedule, the license recordal fee is TRY 9,870 (02.01.09). A comparison of the tools for letting others use your mark is in our article on whether [you can let others use your registered trademark](https://www.webx.net.tr/en/blog/can-you-let-others-use-your-registered-trademark).

## Why does trademark monitoring matter in the hosting sector?

Because similar names built around the same descriptive words can multiply easily in this sector, and the cheapest moment to stop a similar application is while it is published in the Official Trademark Bulletin. Under Article 18 SMK, an opposition can be filed within 2 months of publication; if that window is missed, the similar mark may be registered, and what usually remains is the court route. Bad-faith applications, too, are refused under Article 6(9) not automatically by the Office but upon opposition.

[Trademark monitoring](https://www.webx.net.tr/en/hizmetler/marka-izleme) is the service that scans the Bulletin regularly and flags new applications similar to your mark before the deadline runs out. Bulletin monitoring catches new applications; similar names used in the market without an application, and phishing domains, do not appear in the Bulletin and need to be tracked separately. Running both kinds of tracking lets you see what is happening around your brand both in the register and online.

## How should you plan the scope of the application and the official fees?

Build the scope around the services you actually offer today and plan to offer in the near term. Under TÜRKPATENT's 2026 fee schedule, the first two classes cost TRY 2,820 each (02.01.01, 02.01.02), each third and subsequent class costs TRY 3,150 (02.01.28), and the registration fee is TRY 7,010 (02.01.03). For example, an application covering only Classes 42 and 38 comes to TRY 12,650 in official fees including registration, and adding Class 45 brings the total to TRY 15,800.

Scope that is broader than needed has a cost too: under Article 9 SMK, a mark can be revoked upon request under Article 26 for services in which it has not been genuinely used within five years of registration. The method for setting the number of classes by balancing use, risk and cost is explained in our article on [how many classes a trademark should cover](https://www.webx.net.tr/en/blog/how-many-classes-should-a-trademark-cover). Amounts are updated every year, and official fees do not include attorney service fees.

## Key takeaways

- The core of trademark registration for hosting companies is Class 42; add 38 for email and access services and 45 for domain name registration.
- Class 9 is needed only for downloadable software, and Class 35 only for a reseller or multi-brand sales structure.
- Words such as "host," "cloud," "server," "web" and "net" add no distinctiveness; the core element should be an invented or unrelated word.
- The legal basis against phishing domains is Article 7(3)(d) SMK; plan evidence, abuse reports, the UDRP or .tr route and litigation together.
- In white-label and reseller models, brand use should rest on a written license recorded in the register, and the Bulletin should be monitored regularly.

### Shall we map the scope of your hosting brand together?

Share the services you offer, your reseller structure and the domain names you use. Acting as trademark attorney before TÜRKPATENT, Webx prepares the right class and list structure and handles the filing so you can [register your hosting brand as a trademark](https://www.webx.net.tr/en/hizmetler/marka-tescil). If you have questions, [get in touch with us](https://www.webx.net.tr/en/iletisim).

## Sources

- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Arts. 5(1)(b)-(c), 7(3)(d), 24, 148(5), 149
- [WIPO — Nice Classification](https://www.wipo.int/en/web/classification-nice) (wipo.int) — Class 38, 42 and 45 items (2026 edition)
- [TRABİS — .tr domain name registry](https://www.trabis.gov.tr/) (trabis.gov.tr) — Allocation of .tr names without documents (since 14.09.2022)
- [TÜRKPATENT — Trademark Fees (2026)](https://www.turkpatent.gov.tr/marka-islem-ucretleri) (turkpatent.gov.tr) — Items 02.01.01, 02.01.02, 02.01.28, 02.01.03, 02.01.09

## Frequently Asked Questions

### I resell domain names; do I need Class 45 or Class 35?

The core class for a domain name registration service is Class 45; in the Nice Classification, the item "registration of domain names \[legal services\]" sits in that class. Class 35 is considered in addition if you offer other companies' services through a multi-brand reseller or sales structure. If you also sell hosting, you need Class 42 as well; the decision should follow the actual description of the services you provide.

### If my company name is registered, do I still need a trademark for my hosting brand?

Yes. A trade name entered in the trade registry does not create trademark rights. Under Article 7(3)(e) SMK, the owner of a registered trademark can prohibit the use of an identical or similar sign as a trade name or business name. To protect your hosting company's name as a service mark, you need a separate application to TÜRKPATENT in the relevant classes, starting with Class 42.

### Does everyone who registers a domain name containing my brand infringe my trademark?

No, not every registration is an infringement. Article 7(3)(d) SMK treats domain name use as prohibitable only where the user has no right or legitimate connection to the sign and the use has a commercial effect online. In addition, under Article 7(5)(a), individuals cannot be prevented from honestly using their own names. Before you act, document how the domain is used and who holds it.

### As a hosting company, should I also cover Class 9?

Only if you give your customers downloadable software. Class 9 covers software that users download to their own devices; if the whole service is delivered through a browser or a server, Class 42 is enough. An unused class becomes open to a revocation request if it is not genuinely used within five years of registration, and it also adds cost at every renewal.

### Can I do anything about a phishing site before my trademark is registered?

Partly. Filing an abuse report with the hosting provider and the domain registrar may not require a registration, but an infringement action under the SMK is far stronger with one. Under Article 7(4) SMK, an action for damages can be brought for acts after publication in the Bulletin, but the court cannot rule before the registration is published. Keep dated evidence throughout this period.

### Do I need to protect my hosting brand abroad as well?

Yes, if you serve customers abroad directly or market in another country. Trademark protection is territorial, and a TÜRKPATENT registration has effect only in Turkey. Several countries can be designated through the Madrid System on the basis of a Turkish application; under the 2026 fee schedule, the Office fee for forwarding an international application to WIPO is TRY 3,850, and the target countries' fees are paid separately.

## 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 Does Software Fall Into?](https://www.webx.net.tr/en/blog/trademark-class-for-software): 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.
- [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.
- [Someone Registered a Domain Name With Your Trademark: UDRP and the .tr Dispute Route](https://www.webx.net.tr/en/blog/domain-name-disputes-udrp-and-tr): When a domain with your trademark belongs to someone else: three UDRP conditions, WIPO timelines and 2026 fees, the .tr dispute route, litigation and evidence.
- [Is a Domain Name the Same as a Trademark? Key Differences](https://www.webx.net.tr/en/blog/domain-name-vs-trademark-registration): A domain name is not a trademark: one is a first-come address, the other a 10-year exclusive right in Turkey. Comparison table, .tr rules and Art. 7(3)(d) SMK.
- [How Many Classes Should a Trademark Cover?](https://www.webx.net.tr/en/blog/how-many-classes-should-a-trademark-cover): How many classes should you register? The balance of use, risk and cost that sets the number, and the real price of both too few and too many classes.
- [Can You Let Someone Else Use Your Registered Trademark?](https://www.webx.net.tr/en/blog/can-you-let-others-use-your-registered-trademark): Yes: a registered trademark can be used by others via a licence, franchise, contract manufacturing or intra-group consent. Routes, shared rules and pitfalls.