Trademark Class 42: Scientific, Technological and Software Services
Scientific and technological services and research/design; industrial analysis and research; and design and development of computer hardware and software — the home for SaaS, cloud software, IT consultancy, architecture and engineering services.
What Class 42 covers in practice.
Class 42 covers services provided by people working in complex technical and scientific fields. That includes software design and development, software as a service (SaaS) and platform as a service (PaaS), website creation and hosting, cloud computing, IT consultancy and data security, as well as scientific and industrial research, laboratory testing, quality control, engineering, surveying, architecture, urban planning, and design work such as industrial, interior, packaging, graphic and dress design.
The explanatory note keeps out research that is not technological: business and marketing research go to Class 35, financial research to Class 36, research in education to Class 41 and legal research to Class 45. Installing and repairing computer hardware is Class 37, computerized file management is Class 35, and landscape design and medical services are Class 44. Downloadable software is a Class 9 good, so many tech businesses file in both 9 and 42. In India, Class 42 is common for IT and SaaS startups, web and app agencies, architects and interior designers, textile and chemical testing labs, pharmaceutical research organisations and engineering consultancies.
Not in Class 42
Goods and services often confused with this class, and the class they actually belong to.
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Downloadable software and mobile apps Class 9 ↗
Recorded or downloadable computer software is a Class 9 good; Class 42 covers designing software and providing non-downloadable software online.
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Computer hardware installation and repair Class 37 ↗
The Class 42 note excludes installation, maintenance and repair of computer hardware, which Class 37 lists among its repair services.
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Market research and business research Class 35 ↗
Business research and marketing research are expressly excluded from Class 42 and belong to Class 35 with other business services.
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Computerized file management and data processing (office functions) Class 35 ↗
Computerized file management is excluded from Class 42 and treated as an office function in Class 35, along with data processing services [office functions].
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Landscape design Class 44 ↗
Although Class 42 covers many design services, landscape design is expressly excluded and classified in Class 44 with gardening and horticulture.
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Diagnostic pathology laboratories Class 44 ↗
Medical services are excluded from Class 42; medical analysis by medical laboratories for diagnosis and treatment is Class 44, while scientific research for medical purposes stays in Class 42.
What actually falls under Class 42.
The official heading is a legal category, not a shopping list — here are specific products and services from Class 42 people actually search for.
3D modelling / rendering services
App development services
Architecture services
Artificial intelligence as a service
Chemical analysis
Clinical trials
Clinical trials are a research service in Class 42; diagnosing and treating patients is Class 44.
Cloud hosting services
Cloud storage services
Cybersecurity services
Data recovery services
Development of video and computer games
Developing games is Class 42; providing online games to players is Class 41 and downloadable games are Class 9.
Dress designing
Designing garments is Class 42; custom tailoring and dressmaking are Class 40, and the clothing itself is Class 25.
Energy audit / energy efficiency consultancy services
Engineering / research services
Graphic design services
IT consulting services
Installation of computer software
Installing and updating software is Class 42; installing or repairing computer hardware is Class 37.
Interior design services
Land surveying
Packaging design
Quality testing / certification services (technical)
Renewable / solar energy design & engineering consultancy
SaaS / cloud software (non-downloadable)
Non-downloadable, browser-accessed or hosted software services fall under Class 42, not Class 9 — this is one of the most common trademark filing mistakes for tech businesses.
Software development services
Software testing / QA services
Technical writing
Technical writing is Class 42, but writing publicity texts is Class 35 and screenplay or general text writing is Class 41.
Textile testing
Website design / development services
Which class is my product or service in?
Straight answers for the specific items people search for under Class 42.
If customers download or install the software or app, it is a Class 9 good. If they use it online through a browser or subscription without downloading it (SaaS or PaaS), it is a Class 42 service. Software development done for clients is also Class 42. Many software businesses offer both, so filing in Class 9 and Class 42 together is common.
Usually both. Website design, creating and maintaining websites for others, website hosting and graphic arts design are Class 42. Search engine optimization for sales promotion, online advertising, influencer marketing and other advertising or marketing services are Class 35. An agency offering web development and digital marketing under one brand should normally file in Class 42 and Class 35.
Installation, maintenance and repair of computer hardware is Class 37. Class 42 covers the software side: installing, updating and maintaining software, IT support for troubleshooting software, remote monitoring of computer systems, data recovery and computer security. An IT services firm that handles both hardware AMCs (annual maintenance contracts) and software support may need Class 37 and Class 42.
Architectural services, drafting construction plans and interior design are Class 42. The building work itself, such as construction, plumbing, painting and other site work, is Class 37. Landscape design is Class 44. A design-and-build firm that both designs and executes projects under one brand may need Class 42 and Class 37.
Dress designing as a service for others is Class 42. Clothing, footwear and headwear sold under the brand, including sarees, are Class 25 goods, and custom tailoring and dressmaking are Class 40 services. A designer label that sells its own garments normally needs Class 25 at a minimum, adding Class 42 if it also offers design services to other businesses.
Scientific and technological services and research/design; industrial analysis and research; and design and development of computer hardware and software — the home for SaaS, cloud software, IT consultancy, architecture and engineering services.
Common examples include: 3D modelling / rendering services, App development services, Architecture services, Artificial intelligence as a service, Chemical analysis, Clinical trials, Cloud hosting services, Cloud storage services.
Website design / development services falls under Trademark Class 42 — Scientific, Technological and Software Services.
Software development services falls under Trademark Class 42 — Scientific, Technological and Software Services.
App development services falls under Trademark Class 42 — Scientific, Technological and Software Services.
IT consulting services falls under Trademark Class 42 — Scientific, Technological and Software Services.
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