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A software trademark can fall under class 9 or class 42, depending on what type of software it is.
Overall, trademark practioners should consider filing separate applications to cover software as a good and software as a service. This would provide registrations and protection for the mark for both the software as a good and the underlying services in case one or the other is challenged or successfully cancelled.
Class 42 is the only class that has SaaS as an option, even though SaaS sometimes comes in downloadable form. If you believe your product is SaaS, but it only comes in downloadable or recorded form, then you should file in class 9 and avoid mentioning the SaaS aspect of your software.
Well, class 42 covers software that is non-downloadable, such as online games or software programs hosted on websites. Class 9, on the other hand, covers downloadable software. When performing a trademark search for any type of software, whether it is an app or SaaS, you should search in both classes.
The Federal Registration Process: TEAS The recommended method of filing a federal trademark application is to use the online Trademark Electronic Application System (TEAS) located at the PTO's website (.uspto.gov). TEAS is an interactive system in which the user is asked a series of questions.