Conducting trademark registration in the UAE is critical for the success of brands engaged in the software industry. While trademarking the logo or name of a mobile application or a software program, the brand owners need to designate the classes the trademark falls under. The applicant needs to identify the classes in which they are providing goods and services.
The Nice Classification List breaks all goods and services down into 45 different classes. However, identifying the most accurate classes can be tough for companies. Moreover, there are two trademark classes relevant to software trademarks which makes the class selection more complex. Trademark agents in the UAE can help you choose the right classes while registering a trademark.
Relevant Classes for your Trademark Application
While trying to choose a trademark class for a software business, you may come across two suitable classes. Depending on the exact nature of the product or services, you can choose either Class 9 or Class 42 for carrying out trademark registration in the UAE. Trademark agents in the UAE can advise you which classes are ideal for the software.
Which class best fits the software trademark?
Choosing the right trademark class for a software brand depends on the type of software you are providing. If it is a downloadable software product, then you must choose Class 9 while applying for trademark registration in the UAE or any relevant country. If the software is non-downloadable in nature, then it must be filed under Class 42 of the Nice Classification List. Avail of trademark registration services in Dubai for making the selection process accurate and hassle-free.
When to choose Class 09 for a software trademark?
All downloadable software applications should be classified under Class 9 of the Nice Classification List. Class 9 also includes software that comes pre-loaded on a piece of hardware, such as a CD-ROM or a computer.
When to choose Class 42 for a software trademark?
Any non-downloadable software comes within the scope of Class 42 of the Nice Classification. It means the software that can be accessed through a web browser. Class 42 includes trademarks that belong to the Software as a Service (SaaS) category. Of the 45 Classes on the Nice Classification list, Classes 35 to 45 are for services. This best explains why software services are listed under Class 42 rather than Class 9 which covers software products that can be downloaded.
Why is the Class 09 Vs Class 42 difference confusing?
Most software business owners fail to understand the basic distinction between the two trademark classes. Some brand owners may have a downloadable mobile spreadsheet app that has a subscription model. They might assume that it will come under the “Software-As-A-Service (SaaS) for spreadsheet management” in Class 42. However, such a product does not fit into Class 42 as it lacks a browser-based version that people can operate on the web without downloading it.
This confusion may lead to filing a trademark under the wrong class. It will create brand confusion and may render the trademark difficult to enforce. It is advisable to consult with trademark agents in the UAE before selecting the trademark class for your software brand.
Why is trademark registration essential for software businesses?
There are a wide range of reasons why registering a trademark is critical for software businesses. The following is a concise list of 6 key reasons why every software company should register their trademarks in the UAE:
- To gain protection for the brand name, logo and design
- Investors get attracted to the value of the trademark
- A registered trademark is key to building a loyal customer base
- Grants you exclusive rights over the use of IP assets
- Helps to take legal action against infringers
- Increase growth potential for the company
Register a software brand through trademark agents in UAE
Software brands may find it tricky to choose a trademark class due to the existence of two almost similar options: Class 9 and Class 42. However, you can make the right selection by understanding the difference between the goods or services covered by the two classes. Trademark agents in the UAE such as Jitendra Intellectual Property (JIP) can simplify this process for you.
JIP has the experience and expertise to help you protect your valuable brand in the UAE and other relevant territories. We can provide you with reliable trademark services in Dubai such as trademark registration/renewal, trademark watch, trademark search, trademark litigation etc. JIP also provides worldwide trademark registration under the Madrid Protocol. Consult with us today to protect your valuable trademark without any hassle.