By Amar Gite, TM Attorney No. 40506, Legismith Partners LLP, Pune. Published May 2026.
When a SaaS founder asks “which trademark class do I need?” — Class 9 or Class 42 — the honest answer is almost always: both. But the reasoning matters, because each class protects a different aspect of your SaaS product, and filing in the wrong class — or only one class — leaves specific protection gaps that a competitor can exploit. For a DPIIT-recognised startup, filing in both classes costs ₹9,000 in government fees (₹4,500 per class). For a company, it costs ₹18,000. Here is exactly what each class protects and how to decide.
What Does Class 9 Cover for a SaaS Company?
Under the Nice Classification (13th Edition), Class 9 covers: “Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images, data or information; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices.”
For SaaS specifically, Class 9 protects:
- Downloadable software applications (mobile apps, desktop software)
- Downloadable computer programs
- Recorded software on physical media (USB drives, DVDs — less common now)
- Electronic publications (e-books, downloadable guides)
- Computer hardware peripherals
What Class 9 does NOT protect for SaaS: The class explicitly covers “downloadable” software — not software accessed through a browser or cloud interface without downloading. A SaaS product delivered entirely via a web browser, where the user never downloads anything, may fall outside the Class 9 description if the goods description is narrowly drafted.
What Does Class 42 Cover for a SaaS Company?
Class 42 covers: “Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software; computer programming; providing temporary use of non-downloadable software; software as a service (SaaS); platform as a service (PaaS); cloud computing; electronic data storage; rental of computer hardware.”
For SaaS specifically, Class 42 protects:
- Software as a Service (SaaS) — directly mentioned in the class description
- Platform as a Service (PaaS)
- Cloud computing services
- Providing temporary use of non-downloadable software — i.e., browser-based apps
- Electronic data storage services
- Software development and consulting services
- API services and integrations
- IT services, managed services, cybersecurity services
Why Most SaaS Companies Need Both Classes
Here is the critical point: most SaaS products have both downloadable components (a mobile app in Class 9, a desktop client, downloadable integrations) AND cloud/browser-based service components (the web dashboard, API, hosted database — in Class 42). Filing only in Class 9 leaves your web-based service unprotected. Filing only in Class 42 leaves your mobile app unprotected.
| Product Type | Class 9 Needed? | Class 42 Needed? | Government Fee (DPIIT Startup) |
|---|---|---|---|
| Pure browser-based SaaS (no downloads, no mobile app) | No | Yes | ₹4,500 (1 class) |
| SaaS with mobile app only (no desktop download) | Yes (for mobile app) | Yes (for web service) | ₹9,000 (2 classes) |
| SaaS with both mobile app AND desktop client | Yes | Yes | ₹9,000 (2 classes) |
| IT services / software development firm (services only) | No | Yes | ₹4,500 (1 class) |
| Hardware + software product (IoT device with cloud platform) | Yes (for device) | Yes (for cloud platform) | ₹9,000 (2 classes) |
Real-World Class Strategy — Indian SaaS Examples
While Legismith cannot disclose client-specific filings, Indian SaaS companies generally follow one of these strategies:
- Zoho, Freshworks, Razorpay type (full-stack SaaS): Both Class 9 (downloadable apps, integrations) and Class 42 (SaaS, cloud services, platform). Some also file Class 35 (business management services) if their platform includes business process outsourcing or CRM-type features.
- EdTech platforms (BYJU’S, Unacademy type): Class 9 (downloadable education apps), Class 41 (education services, online training, e-learning), and Class 42 (cloud platform, LMS). Three classes.
- Pure B2B SaaS (API-first, no mobile app): Class 42 only — software as a service, API, cloud computing. One class.
The Risk of Filing in the Wrong Class
Filing a trademark in the wrong NICE class does not void the registration — the registration is valid for the class filed. But it means your trademark protection does not extend to the correct class. A competitor can register an identical or similar mark in the class you missed and legitimately use it for that category of goods or services. You would have limited grounds for opposition, because your registration does not cover that class.
For example: if a SaaS company files only in Class 42 but not Class 9, a competitor can register the same name in Class 9 for a downloadable app. When the SaaS company later launches a mobile app, they face a conflict with the competitor’s Class 9 registration — despite having been in the market earlier.
Cost Calculation for a DPIIT Startup Filing in Both Classes
| Component | DPIIT Startup | Private Ltd Company |
|---|---|---|
| Government fee — Class 9 | ₹4,500 | ₹9,000 |
| Government fee — Class 42 | ₹4,500 | ₹9,000 |
| Total government fee (2 classes) | ₹9,000 | ₹18,000 |
| Legismith professional fee (both classes) | ₹20,000 | ₹20,000 |
| 18% GST on professional fee | ₹3,600 | ₹3,600 |
| Total Investment (2 classes, inclusive) | ₹32,600 | ₹41,600 |
The MSME and startup fee concession saves ₹9,000 in government fees for a 2-class filing compared to the company rate. Verified against Trade Marks Rules 2017 First Schedule. For the full concession guide, see MSME and startup trademark fee concession.
For all trademark registration fees, see the complete trademark filing cost in India guide. To confirm which classes your SaaS product needs, WhatsApp Legismith — we analyse your product and confirm classes within 2 hours.
🔆 WhatsApp — Free Class Analysis for Your SaaS
Legismith Partners LLP — Pune 411021, Maharashtra | Phone: +91 8149123580 | Email: tm@legismith.com