Trademark Class 9: Software, Mobile Apps and Electronics

Trademark Class 9 overview: software, apps and electronics

Trademark Class 9 is the class for software and electronic goods. Downloadable software and mobile apps, computers, laptops, mobile phones, earphones, speakers, televisions, cameras, batteries, chargers, power banks, cables, switches and CCTV systems are filed here. It also covers measuring and scientific instruments, spectacles and sunglasses, safety helmets, fire extinguishers and downloadable content such as e-books, music and NFT-linked files.

Class 9 is one of the most filed classes in India because almost every tech, fintech and edtech business has an app. One rule matters most here. Software that the user downloads is a Class 9 product, while software offered online as a service, such as SaaS, is Class 42. Many startups need both.

The official Class 9 heading in plain words

India follows the Nice Classification under Section 8 of the Trade Marks Act, 1999. The Class 9 heading is long, so here it is grouped into simple parts:

Class 9 key facts

Goods covered by Class 9: list by category

The official Class 9 list is among the longest of all 45 classes. These groups cover what Indian startups, electronics brands, electrical goods makers and importers file most.

Software, apps and digital content

• Downloadable mobile apps and computer software
• Downloadable software for payments, banking, accounting, learning and gaming
• Downloadable e-books, music files, images, video and podcasts
• Downloadable digital files authenticated by non-fungible tokens (NFTs)
• Downloadable virtual goods for use in online worlds
• Operating systems, firmware and computer game software, downloadable

Computers, phones and accessories

• Laptops, desktops, tablets, servers and computer peripherals
• Mobile phones and smartphones
• Phone covers, cases, screen guards and selfie sticks
• Printers, scanners, keyboards, mouse and webcams
• Pen drives, memory cards, hard disks and SIM cards
• Routers, modems and network switches

Audio, video and wearables

• Earphones, headphones, earbuds and Bluetooth speakers
• Televisions, projectors, set-top boxes and sound bars
• Digital cameras, action cameras and camera drones
• Smartwatches, fitness bands and smart rings
• Virtual reality headsets

Electrical fittings and power goods

• Batteries, chargers, power banks and inverters
• Electric wires and cables, switches, sockets and MCBs
• Solar panels for producing electricity
• Electricity meters, stabilisers and distribution boards
• Electric vehicle charging stations

Security, safety and protection

• CCTV cameras, DVRs, video door phones and burglar alarms
• Electronic and fingerprint door locks, smart locks
• Safety helmets, including helmets for two-wheeler riders and sports
• Protective clothing and shoes for protection against accidents or fire
• Fire extinguishers, fire alarms and smoke detectors
• Life jackets and diving equipment

Measuring, laboratory and optical goods

• Weighing scales and machines, measuring tapes and calipers
• Laboratory apparatus, thermometers not for medical use, testers
• Spectacles, sunglasses, contact lenses and spectacle frames
• Microscopes, binoculars and telescopes
• GPS devices and navigation apparatus
• Calculators, cash registers and POS terminals

What Class 9 does not cover

Many electric goods sit in other classes because of what they do. These are the frequent errors in Class 9 filings:

Who should apply in Class 9?

Any business that sells a tech product or puts its brand on an electronic item should consider Class 9. In India the common applicants are:

• Startups with a mobile app, including fintech, edtech, healthtech and gaming apps
• Software companies that sell downloadable or installable software
• Mobile phone, earphone, speaker, smartwatch and accessory brands
• Electrical goods makers selling wires, switches, MCBs and inverters
• Battery, charger, power bank and solar panel brands
• CCTV, security and smart lock companies
• Eyewear and optical brands
• Helmet and safety equipment makers
• Lab equipment and weighing scale manufacturers
• Private label sellers on online marketplaces who import gadgets under their own name

Classes connected to Class 9

Tech businesses rarely stop at one class. These are the comparisons founders ask about most.

Class 9 vs Class 42: app or service

A mobile app that users download from an app store is Class 9. A web platform that users log into without downloading, such as SaaS, cloud software or an online dashboard, is a Class 42 service. Software development, app design, hosting and IT consulting are also Class 42. A fintech or SaaS startup with both an app and a web platform should file both classes on day one.

Class 9 vs Class 41: downloadable or streamed content

Downloadable e-books, recorded lectures, music and video files are Class 9 goods. Providing online courses, live classes, streaming video or e-books that cannot be downloaded is a Class 41 service. Edtech companies usually file Class 9 for the app and Class 41 for the education they provide.

Class 9 vs Class 11: electronics or lighting and heating

LED bulbs, tube lights, ceiling fans, ACs, room heaters and geysers are Class 11. LED display screens, switches, wires and inverters remain Class 9. An electrical brand selling wires and switches along with fans and LED lights needs Classes 9 and 11.

Class 9 vs Classes 14 and 28: watches and games

Smartwatches and fitness bands are Class 9, while ordinary watches and clocks are Class 14. Downloadable game software is Class 9, but video game consoles and handheld game machines are Class 28. A gaming studio usually files Class 9 for its games and Class 41 for online gaming services.

Class 9 vs Classes 35 and 38: selling and connecting

Running an online store or a marketplace for electronics is Class 35. Telecom, internet access and messaging services are Class 38. An electronics retailer that sells other brands needs Class 35, and adds Class 9 only for products sold under its own brand.

Recent Nice changes affecting Class 9

The 13th edition of the Nice Classification (NCL 13-2026) has applied in India since 1 January 2026, for applications filed from that date. The 12th edition, in force from 2023, added downloadable digital files authenticated by non-fungible tokens to Class 9. It also made clear that downloadable virtual goods belong here.

Safety helmets and clothing that protect against accidents stay in Class 9, while protective padding made for sports is listed in Class 28. Check each term on the WIPO Nice list before filing, because examiners object to vague words like "electronic goods" or "software" without a field of use.

How to describe software and electronics in Class 9

A sharp goods description protects what you actually sell and helps you get through examination quickly.

• Say what the software does, for example "downloadable mobile application software for making payments and managing bills", not just "software".
• Write "downloadable" for apps and digital content, so the item is read as a Class 9 product.
• List devices by name, such as "earphones, headphones, Bluetooth speakers, power banks".
• Include products you will launch within two or three years, since goods cannot be added later.
• Put SaaS, platform and IT services in a separate Class 42 application or in a multi-class filing.

App and gadget names that get objections

Section 9 of the Act refuses names that only describe the goods or their quality. In Class 9, names built only from words like smart, tech, digital, soft, app, pay, mobile, cloud, data, power or volt are weak. Adding ".com", "AI" or "India" does not make a descriptive name distinctive.

Section 11 refuses names that look or sound like an earlier mark for similar goods. Class 9 is one of the most crowded classes, and examiners often cite marks in Classes 35, 38 and 42 against app names. Search widely before you spend money on app store listings, packaging or ads.

Approvals electronics and software businesses also need

A trademark only protects the brand name. Selling electronic goods in India often needs these approvals as well:

• BIS registration: Many electronic and IT goods, such as mobile phones, laptops, power banks and adaptors, must be registered under the BIS Compulsory Registration Scheme before sale.
• WPC approval: Wireless devices like Bluetooth earphones and routers need Equipment Type Approval from the Wireless Planning and Coordination wing.
• TEC certification: Notified telecom equipment needs testing and certification under the MTCTE scheme of the Telecommunication Engineering Centre.
• E-waste EPR: Producers and importers of notified electronics must register on the CPCB portal under the E-Waste (Management) Rules, 2022.
• BEE label: Some appliances need star labels from the Bureau of Energy Efficiency.

Software code is protected by copyright, not by trademark. File the trademark for the app name and icon, and keep copyright records for the code and screens.

Check your Class 9 brand name

Search your app or product name in the box at the top of this page. It checks Class 9 for identical, similar and sound-alike marks and shows each one's status. Then repeat the search on the IP India public search with phonetic matching.

For an app name, also search Classes 35, 38, 41 and 42, and check app stores and domain names. A name that is free in Class 9 but used by a big platform in Class 42 can still cause trouble. Our trademark search covers all classes.

How to register a trademark in Class 9

1. Search the name in Class 9 and connected classes. Use our trademark class finder if you are unsure between Class 9 and Class 42.
2. Prepare the goods list, the app icon or logo, and the date of first use, or file as proposed to be used.
3. File Form TM-A online with the fee. The application number is issued instantly, and you can use TM from that day.
4. The Registry examines the mark. Reply to an examination report within one month, and attend a hearing if one is fixed.
5. Accepted marks are published in the Trade Marks Journal, where anyone can oppose within four months.
6. If unopposed, the mark is registered and the certificate issued. The registration stays valid for ten years at a time.

Documents needed for a Class 9 trademark

• Applicant name and address; for a company or LLP, the incorporation certificate
• App icon or logo in JPG format for a device mark
• App store link, invoices or website screenshots with dates if you claim prior use
• DPIIT startup recognition or Udyam certificate to pay the lower fee
• Form TM-48 signed if a trademark agent or advocate files for you

Trademark fee for Class 9

An app startup filing Classes 9 and 42 pays two class fees. Expedited examination under Form TM-M costs extra and is useful when a funding round or launch is close.

Class 9 filing mistakes to avoid

• Filing only Class 9 for a SaaS product that users never download.
• Filing LED bulbs and fans in Class 9 instead of Class 11.
• Writing "software" or "electronic goods" with no detail, which draws an objection.
• Choosing an app name made of common words like Pay, Smart or Digital.
• Not filing the app icon, which users often know better than the name.
• Using the ® symbol in the app store before registration, which Section 107 prohibits.

If your Class 9 filing is in the wrong class

The class of an application cannot be changed later. A SaaS company that files only in Class 9 has no registration for its service, and a competitor may register the same name in Class 42. Fixing this needs a new application, which gets a later filing date.

All your Class 9 goods can sit in one application, so an app, earphones and chargers need one fee. For goods and services across classes, a single multi-class application is possible, with the fee paid for each class.

Benefits of a registered Class 9 brand

• Exclusive right to the app or product name in India for the listed goods.
• Grounds to file takedowns of copycat apps on app stores and fake listings on marketplaces.
• Protection against counterfeit chargers, earphones and accessories sold under your name.
• A registered brand adds value in funding rounds, acquisitions and licensing deals.
• A base for filing abroad through the Madrid Protocol when you expand.

Class 9 or another class? Quick table

HSN chapters for Class 9 goods

The trademark class has no link to the GST rate. As a guide, phones, TVs, batteries, cables and switches fall mostly under HSN Chapter 85, and computers under Chapter 84. Optical, measuring and scientific instruments fall under Chapter 90. Software supplied as a licence or service is generally taxed under SAC codes in Chapter 99. See our HSN code for mobile phones page, or use the HSN code finder for other products.

Fake apps and counterfeit electronics

Copycat apps with similar names and icons appear on app stores soon after a product gains users. Fake chargers, earphones and cables with copied brands are sold widely, and poor quality chargers can be unsafe. A registered mark makes app store and marketplace complaints much faster, and supports infringement suits, injunctions and seizure of stock.

Save screenshots, download links, seller details and test purchase bills. Criminal complaints for selling goods under a false trademark can be made under Sections 103 and 104 of the Act.

App name, icon and logo

For apps, the icon on the phone screen is often what users remember. File the app name as a word mark and the icon as a separate device mark. For gadgets, file the brand name and the logo printed on the product and box.

If you redesign the icon, file the new design too. The word mark keeps protecting the name, whatever the design.

After registration of your Class 9 mark

• Use the mark on every listed product; marks unused for five years can be removed.
• Watch the Trade Marks Journal for similar names in Classes 9, 35, 38, 41 and 42, and oppose within four months.
• Renew every ten years on Form TM-R.
• Record app store listings, downloads and sales as dated proof of use.

Examples of class choice for Class 9 businesses

Example 1: A fintech startup in Bengaluru has a payments app and a web dashboard for merchants. It files Class 9 for the app, Class 36 for payment services and Class 42 for the dashboard.

Example 2: An earphone and power bank brand in Noida imports products under its own name. It files Class 9 and gets BIS registration before sale.

Example 3: An electrical goods maker in Delhi sells wires, switches and LED bulbs. It files Class 9 for wires and switches and Class 11 for the bulbs.

Example 4: An edtech company in Jaipur offers a learning app and live online classes. It files Class 9 for the app and Class 41 for the classes.