Software & SaaS
How to trademark a software company name
Your incorporation papers reserve the name with one state. They don't stop a competitor from shipping a product under it. Here's how to protect the company name itself, and how it fits with your product names.
By Bill, Business Growth Expert · Verified and checked against the USPTO ID Manual, TMEP and fee schedule, 17 Oct 2026
two_different_registrations.sh
$ register --entity "Northwind Labs, Inc."
→ State: name reserved for the corporation
$ register --trademark "NORTHWIND"
→ USPTO: separate application, classes 9 and/or 42
Short answer
To trademark a software company name, file it with the USPTO for the software you actually offer: Class 42 for software used online (SaaS), Class 9 for software customers download or install, or both. The government fee is $350 per class, and you can file before launch on an intent-to-use basis.
Isn’t my company name already protected when I incorporate?
No. Incorporating in Delaware or any other state puts your entity name on that state's corporate register, mainly so two companies there don't share the same legal name. It says nothing about who owns the brand in the market.
A federal trademark is a separate registration with the USPTO. It's what lets you stop another company, in any state, from selling similar software under a confusingly similar name. Founders tend to discover the gap at the worst moment: during investor or acquirer due diligence, when a lawyer asks who owns the brand and the answer is "we're not sure."
Should you trademark the company name or the product name first?
A trademark protects whatever identifies the source of your software to customers. Which name that is depends on how you go to market.
One name for everything
The company and the product share a name, like a startup whose app carries the company brand.
What to file: Register that one name. It does double duty as the house mark and the product mark.
A company with named products
The company name appears on invoices and the website footer, while customers know the products by their own names.
What to file: Start with the product name customers search for and buy. Add the company name as the portfolio grows.
A platform with modules
One master brand with sub-products, for example "Northwind Analytics" and "Northwind Billing".
What to file: Register the master brand first. Sub-product names that only describe a function usually aren’t registrable on their own.
If money is tight, put the first filing on the name that appears in the app store, on the login screen and in your ads. That's the name a copycat would borrow.
Which class fits your software business model?
The USPTO classifies software by how customers receive it, not by what it does. Find your model below; the wording you file should come from the USPTO's ID Manual to avoid the $200-per-class free-form surcharge.
SaaS or web app
Class 42
Software used online without downloading, such as providing temporary use of non-downloadable software.
Mobile or desktop app
Class 9
Downloadable or installable software, including apps from an app store.
Both a web app and an installable client
Classes 9 + 42
Two classes, two fees. Common for products with desktop or mobile companions.
Custom development or IT consulting
Class 42
Software design and development for others, and technology consulting.
Software reseller or marketplace
Class 35
Online retail store services featuring software made by others.
Picking the wrong class is one of the most common problems we see with software filings, usually a SaaS product described as downloadable software. If your product is a phone app first, our guide to trademarking an app name goes deeper on app-store specifics.
What proof of use does the USPTO accept for software?
If your product is already live, you file on use in commerce and attach a specimen showing the name in real use. What counts depends on the class.
- Class 9 (downloadable): a page showing the name next to a way to get the software, such as an app store listing or a download page with a download or buy button.
- Class 42 (SaaS): your website or sign-in page showing the name together with a description of the service you provide.
A splash screen with no download path, or a homepage that never says what the service does, often draws a specimen refusal. The rules sit in the USPTO's examining manual, TMEP §904 for goods and §1301.04 for services.
Why do so many tech names get refused?
Software naming trends make the examiner's job harder for founders. Three patterns cause most of the trouble:
- Descriptive names such as "CloudPayroll" or "FastInvoice" describe the product, so they're refused as merely descriptive.
- Crowded patterns. Prefixes and suffixes like Data-, Cloud-, -ly and -ify appear in thousands of filings, so a small difference from an existing mark may not be enough.
- Domain endings such as .io or .ai add nothing distinctive. "Northwind.io" is examined essentially as "Northwind".
Search the name, phonetic variants and related software classes before you commit. Our guide on checking whether a trademark name is taken shows how, and every Secure Mark USA registration includes a Comprehensive Direct Conflict Search during onboarding.
Can you file before the product launches?
Yes. An intent-to-use application locks in your filing date as your priority date while you build. After the USPTO approves it, you file a Statement of Use ($150 per class) once the software is available to customers. If launch slips, you can request up to five 6-month extensions at $125 per class each.
For a company planning to raise money, filing early is cheap insurance. A rename after a funding round means new domains, new app listings and lost search history.
Software trademark questions
Do I need both Class 9 and Class 42 for a SaaS product?
Only if customers can also download or install part of the product, such as a desktop client or mobile app. A purely browser-based SaaS product typically needs Class 42 alone.
Does registering our domain name protect the company name?
No. A domain registration is a contract with a registrar. It gives you no trademark rights, and someone with an earlier trademark can still object to your use of the name.
Can we trademark the company name if it is also our last name?
Surnames are often refused as primarily merely a surname until the name has acquired distinctiveness, typically after years of use. A distinctive brand name is usually easier to register.
How much does it cost to trademark a software company name?
The USPTO charges $350 per class. A SaaS company filing only in Class 42 pays $350 in government fees; adding Class 9 adds another $350. Secure Mark USA plans start at $99 plus the USPTO fees.
Who should own the trademark, the founder or the company?
Usually the company, since it is the entity using the name in commerce. Filing in a founder’s personal name can complicate investment and later transfers.
Sources
- USPTO ID Manual (acceptable goods and services wording)
- TMEP §904: Specimens for goods
- TMEP §1301.04: Specimens for services
- USPTO fee schedule, checked 17 Oct 2026
Secure Mark USA is a trademark filing service, not a law firm. This article is general information, not legal advice.
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