What trademark class is mobile app in?

Class 9 · Software & electronics

Software, apps, downloadable content, computers, or electronic devices.

34 accepted descriptions in the manual mention mobile app. For example:

• Downloadable mobile applications for matchmaking
• Downloadable mobile applications for social networking
• Downloadable children's educational mobile applications
• Mobile telephone apparatus with built-in facsimile systems
• Downloadable mobile applications for dating and matchmaking
• Downloadable mobile applications for dating and social introductions
• Downloadable mobile applications for virtual customization of vehicles
• Downloadable mobile applications for retrieving and displaying health information
• Downloadable mobile applications for analyzing and reporting self-assessment of illness
• Downloadable mobile applications for collecting, storing, and displaying vaccine records
• Downloadable mobile applications for verifying and displaying identity and health information
• Downloadable educational mobile applications featuring instruction in {specify subject matter}
• Downloadable mobile applications for collecting, storing, and managing proof of attendance protocol (POAP) tokens
• Downloadable mobile applications for downloading and reading electronic publications on portable electronic devices

Class 36 · Finance & insurance

Banking, insurance, investing, real estate, or other money services.

10 accepted descriptions in the manual mention mobile app. For example:

• Providing stock market information via social media mobile applications
• Banking services provided via {indicate means, e.g., downloadable mobile applications, a website, etc.}
• Credit consultation provided via {indicate means, e.g., downloadable mobile applications, a website, etc.}
• Credit risk management provided via {indicate means, e.g., downloadable mobile applications, a website, etc.}
• Credit reporting services provided via {indicate means, e.g., downloadable mobile applications, a website, etc.}
• Bill payment services provided via {indicate the method by which the payment services are offered, e.g., mobile applications, a website, etc.}
• Credit union services provided via {indicate means, e.g., automated teller machines (ATM), downloadable mobile applications, the internet, etc.}
• Debit card transaction processing services provided via {indicate the method by which the services are offered, e.g., mobile applications, a website, etc.}

Class 41 · Education & entertainment

You teach, train, publish, coach, or provide entertainment, events, or media content.

7 accepted descriptions in the manual mention mobile app. For example:

• Providing sports information via social media mobile applications
• Providing information on physical exercise via social media mobile applications
• Providing online, non-downloadable, makeup tutorial videos via social media mobile applications
• Providing online non-downloadable comics via {indicate means, e.g., a website, mobile applications, social media websites, etc.}
• Personal coaching services in the field of {indicate field or subject matter} provided via {indicate means, e.g., downloadable mobile applications, a website, etc.}
• Providing on-line, non-downloadable, tutorial videos in the field of {indicate subject matter, e.g., knitting, mathematics, etc.} via social media mobile applications
• Providing online, non-downloadable, short-form videos in the field of {indicate field or subject matter of videos, e.g., adult entertainment, dancing, pranks, etc.} via social media mobile applications

Class 35 · Retail, ads & business

You run a store, sell advertising or marketing, or provide business and office services.

5 accepted descriptions in the manual mention mobile app. For example:

• Providing career information via social media mobile applications
• Providing consumer product information via social media mobile applications
• Online retail store services in the field of downloadable mobile applications
• Providing internet auction services via {indicate the method by which the auction services are offered, e.g., mobile applications}
• Retail store services featuring {indicate field of goods} provided via {indicate means, e.g., downloadable mobile applications, wireless communications, etc.}

What trademark class is mobile app in?

Mobile app sits in Class 9, software & electronics. That is where the USPTO's own ID Manual puts it: 34 accepted descriptions mentioning mobile app fall in Class 9. Depending on exactly what you sell it can also fall in Class 36 or Class 41 or Class 35.

Do I have to file in more than one class?

You file in every class you actually use the mark in, and the USPTO charges its fee per class. Selling a product and also running an online store for it is two classes, not one. Filing in classes you do not use is worse than filing in too few: an application has to be supported by real use or a genuine intent to use.

Does the class decide whether my name is available?

No. The class decides what a registration covers. Availability turns on whether someone already holds a similar mark for related goods, and relatedness is judged on what the identifications say rather than on the class number, so marks in different classes can still conflict.