Trademark Class 42: Software, IT, Scientific and Design Services
Class 42 is the home of software development, SaaS, IT consulting, engineering, research labs, architecture and design services. Registration lasts ten years and can be renewed.
What class 42 covers
The official class heading reads: “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.”
The WIPO explanatory note describes Class 42 as professional work on the theory and practice of complex fields: laboratory research, engineering, programming, architecture and interior design. SaaS, PaaS and data security services are named in it expressly.
Section 7(1) of the Trade Marks Act, 1999 asks the Registrar to follow the Nice Classification: 45 classes, with 1 to 34 for goods and 35 to 45 for services. The edition in force since 1 January 2026 is NCL 13-2026. Under Section 7(2), the Registrar’s decision on the class is final.
Common services in class 42
Software and IT
- Computer programming and software design
- Software as a service (SaaS), platform as a service (PaaS)
- Website design and hosting
- Data encryption and virus protection
Science and engineering
- Engineering and technological consultancy
- Laboratory and scientific research, including medical research
- Quality control and authentication
- Surveying; oil, gas and mining exploration
Design
- Architecture and urban planning
- Interior design
- Industrial, packaging and graphic arts design
- Dress designing
What is not in class 42
These sound technical, but the WIPO explanatory note puts them elsewhere.
| Service | Where it goes |
|---|---|
| Business and marketing research, computerised file management | Class 35 |
| Financial research and financial evaluation | Class 36 |
| Installation and repair of computer hardware | Class 37 |
| Mining extraction, oil and gas drilling | Class 37 |
| Research in education, sound engineering | Class 41 |
| Landscape design; medical and veterinary services | Class 44 |
| Legal services and legal research | Class 45 |
| Downloadable software sold as a product | Class 9 |
Who usually files in class 42
Teams that build and host software
Software development firms, SaaS and cloud platforms, app developers, cyber security consultants and web design agencies.
Engineers and labs that test or research
Engineering consultants, testing and quality-control labs, R&D units, surveyors and inspection agencies.
Studios that design spaces and products
Architects, interior designers, product and packaging designers, graphic designers and fashion designers.
Tips before filing
Check Class 9 alongside Class 42
Run a trademark search in both Class 42 and Class 9. Software marks often conflict across the two.
List the services you really provide
“Providing online non-downloadable software for accounting” beats “IT services”. Broad wording draws queries and is harder to enforce.
Keep the product name separate
Company brand, product name or both? Each mark needs its own application, so decide early.
File before the launch
Section 18(1) allows a mark “proposed to be used”, so you can file before go-live. If an examiner objects, a timely reply to the examination report keeps the application alive.
Frequently asked questions
Should a SaaS company file in Class 9 or Class 42?
File in Class 42 for the service of providing software online, which the WIPO note names as software as a service (SaaS). Class 9 covers downloadable or recorded software as goods. If customers can also download a desktop or mobile app, add Class 9. In practice, an accounting SaaS with a mobile app files both classes in one application.
Does a web design agency belong in Class 42?
Yes. Designing websites, programming them and hosting them for clients are Class 42 services. If the agency also runs advertising campaigns, that work is in Class 35, which covers advertising. Here is the catch: a Faridabad agency that builds websites for local manufacturers and also runs their ad campaigns needs both classes to protect each line of business.
Is an interior designer in Class 42 or Class 37?
Interior design is listed in Class 42. The actual construction, fit-out, painting or plastering work is a construction service in Class 37. A firm that only designs needs Class 42, while a design-and-build firm usually files in both. One multi-class application can cover the two classes, with the official fee charged for each class.
Is computer repair in Class 42?
No. Installation, maintenance and repair of computer hardware fall in Class 37 under the WIPO note. Class 42 is for designing and developing hardware and software, and for technical consulting. An IT business that both builds software and services laptops should file in Class 42 and Class 37. We match the classes to your invoices, not to the name of the industry.
How much does it cost to file a trademark in Class 42?
The government fee for Form TM-A is ₹4,500 per class when an individual, startup or small enterprise files online, and ₹9,000 per class for everyone else. Paper filing costs ₹5,000 or ₹10,000. Each extra class in the same application is charged separately. We quote our own fee upfront, so you know the full cost before filing.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
One application can cover several classes, but Section 18(2) of the Trade Marks Act charges the official fee for each class. Form TM-A fees per class:
| Form TM-A, per class | E-filing | Physical filing |
|---|---|---|
| Individual, startup or small enterprise | ₹4,500 | ₹5,000 |
| All other applicants | ₹9,000 | ₹10,000 |
Ready to begin?
Tell us what your software or design practice sells. We will map the classes, search the name and file.