You just made a mobile app and you want to trademark it. Now you're wondering in which classes should it fall under?
All the answers are in the short video below:
Alright, so first of all, classes, we have a whole video actually multiple videos where I explain what trademarking classes or the niece classes, niece classification classes are. And if you have no idea about classes, you probably want to start with those videos. But just to give you a very brief summary, when you file your trademark application when you own your trademark, it's not about you owning the actual trademark, the actual word, or the actual phrase, or the actual image. It's about you owning that phrase, word, or image in connection with specific products and services for which you've applied, and those products and services are grouped in categories that are called classes, right? So when you file your trademark application for your mobile app, you have to make a decision in which classes, which goods and services do we want to cover with it? And in which classes would those goods and services go. So there's there are a few strategies that you could use when trademarking your mobile app and depending on really few things. One, depending on what your app does. Two, depending on how it does it. And three, depending on how you distribute it.
So, let's start with a distribution model first. So if what you do if your app is downloadable, it's something that people download and install on their devices. You're looking at class 9 because class 9 refers to Goods. It's something tangible and software, the ones, and zeros as a file are tangible. So that would go to class 9. Also, if in order for your app to work, you require, it's basically if it's a software as a service model. So there is something downloadable on the front end. But for the whole thing to work, there is something happening on the back end on your server its software as a service. Then you're looking at class 42. And that's in terms of delivery. The other question is what does your app actually do? Because for example if it's an app that teaches you something right? It's an educational app. Then you want to cover Educational Services which would be class 41 or entertainment services also class 41. So if it's a game, you want to protect it as the name of the game, not necessarily just the software component of it, but what the public is getting out of it. So for example, if your app makes calls. Like calls, or it's a messenger, instant messenger, or something like that. You're going to be looking at class 38 for telecommunications. If your app does, I don't know, maybe it allows you to order food or something like that. You'd be looking at class 43. If your app helps people registered trademarks, you'd be looking at class 45. So again, you don't stop at it being an app. You’re also looking at things that the app does. And you want to protect those underlying Services, those underlying products that the public gets through using your app or in connection with your app. So that will be the way you determine where in which class is to follow your trademark application for mobile app.
So the biggest question first is, is it downloadable? Class 9. Or is it software as a service? Class 42. Or is it both any going to be filing both. And an addition to that is what does the app actually do? Because again, you don't trademark the app, you trademark the name of the app. And your trademark may be the logo for the app. So when you do that, you want to make sure that nobody else can offer services or products that are the same as your name or the same as your logo as your app. Which is why you go for the classes that also cover those underlying products and services.
I hope this makes it clear. If it does like this video. If it doesn't, post your comment below and ask your question. And I'll do my best to answer your question either by replying to your comment or maybe creating another video just like this one. And make sure you subscribe if you haven't yet. And get notified whenever the next video goes live. And if you got an app that you want to protect if you want, you've got an app that you want to trademark, go to trademarkfactory.com and book a call with one of our strategy advisors. They will be happy to talk to you. Hear your story. Understand why you think trademarks will help you grow your business and go from there. You'll be able to get started and the call is free and we'll take it from there. And until then, I will see you in the next video.
Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.