How to Trademark a Software Company Name (2026 Step-by-Step USPTO Guide)

Why should you trademark a software company name?

Trademarking a software company name gives you the exclusive nationwide right to use it for your product, protecting the brand users type into an app store and search bar. In the United States, trademark rights are largely first-to-file, so the first company to register a name at the USPTO generally holds priority, even against a startup that launched a similar-sounding product earlier without registering. For software, the name is often the entire brand equity: it appears in the app listing, the domain, the API docs, and every marketing channel. A federal registration lets you stop competitors and copycat apps, satisfy app-store brand verification, protect your domain and social handles, and raise the company's valuation, since trademarks are recorded intellectual property. The USPTO is the federal agency that grants trademark registration, and Secure Mark USA prepares and files the application so your software brand is protected from the start.

Which USPTO class covers software and SaaS?

Software is registered in one of two classes depending on how it is delivered. Downloadable software, mobile apps, and installable programs are registered in USPTO Class 9. Software delivered over the internet as a service, commonly called SaaS, is registered in Class 42 as a technology service rather than a product. Trademark protection follows the exact goods and services listed, so a company that offers both a downloadable app and a cloud platform files in both Class 9 and Class 42. Getting the class right matters because the $350 USPTO fee is charged per class, and describing a SaaS product as downloadable software, or vice versa, is a common mistake that leads to an Office Action from the examining attorney.

How do you file a trademark for a software name step by step?

You file a software name trademark by submitting an application to the USPTO through its TEAS system, following a defined sequence. First, run a clearance search to confirm no confusingly similar software or tech mark already exists. Second, choose a filing basis: use-in-commerce if the product is already live, or intent-to-use if you are pre-launch. Third, identify the owner, list your goods or services in Class 9 or Class 42, and prepare a specimen such as a screenshot of the app store page, the login screen, or the website where users access the service. Fourth, pay the $350-per-class government fee and submit. A USPTO examining attorney then reviews the application in roughly three to four months, and absent refusals the mark publishes for opposition before registering. Secure Mark USA handles each step, starting from $99 plus the USPTO fee.

Key takeaways

• Downloadable software and apps are trademarked in USPTO Class 9.
• SaaS and online software services are trademarked in Class 42.
• Filing starts from $99 plus the $350-per-class USPTO fee.
• U.S. trademark rights are largely first-to-file, so registering early secures priority.
• U.S.-domiciled applicants are not required to hire an attorney to file.

Frequently asked questions