Software and apps · Trademark basics
How to trademark an app or software name
A domain and an App Store listing don't give you rights to a name. A federal trademark does, but only in the right class. Here is how to pick it, check the name, and file.
By Bill, Business Growth Expert · Verified and checked on USPTO.gov, 15 Oct 2026
Class finder
How do customers use your product?
Class 9
Downloadable software, including mobile apps and desktop programs.
USPTO base fee: $350
A guide, not a legal opinion. The USPTO examiner decides the final classification.
Short answer
File a federal trademark application with the USPTO for the app's name: in Class 9 if people download or install the software, in Class 42 if they use it online without downloading it (SaaS), or in both. Search the name first. The USPTO's base fee is $350 per class, so covering both classes starts at $700 in government fees.
Does owning the domain or app store name protect my app's name?
Founders often assume that owning the .com or getting the name approved in an app store settles the question. Neither one gives you the right to stop someone else using the name.
Domain name
Gives you: control of one web address.
Does not give you: any right over the name itself.
App Store or Google Play name
Gives you: a listing under that title.
Does not give you: protection outside that store's own rules.
Federal trademark registration
Gives you: nationwide priority for the name for the goods or services listed, and the right to use the ® symbol.
Does not give you: rights in classes or goods you didn't cover.
Should I file my app in Class 9 or Class 42?
The USPTO groups goods and services into 45 classes, and each one you choose is a separate fee. For software, the question is whether you are selling a product people take away (goods) or a service they log into (services).
Class 9: downloadable software
Mobile apps, desktop programs and anything installed on a device. Typical ID Manual wording: "Downloadable mobile application software for [what it does]".
Class 42: software used online
Web apps and SaaS platforms. Typical wording: "Providing temporary use of online non-downloadable software for [what it does]".
The "[what it does]" part matters. The USPTO expects a specific function, such as "for tracking personal budgets". Picking a pre-approved description from the ID Manual avoids the $200-per-class surcharge for writing your own.
If the app is how you deliver another service, you may need that service's class too. A ride-booking app, for example, is often filed for the transportation service as well as the software.
How do I check if my app name is already taken?
- USPTO Trademark Search. Look for the same name, different spellings and names that sound alike in Classes 9 and 42, and in any class tied to what your app does.
- The app stores. Someone may already be using the name without having registered it, which can still give them rights where they operate.
- The wider web and state records. Search engines, state business filings and social handles show unregistered use.
Identical names aren't the only problem. The USPTO refuses marks that are likely to be confused with an earlier one, which depends on how similar the names are and how related the products are. Our guide to likelihood of confusion explains how examiners weigh that.
Why are descriptive app names hard to register?
A name that simply describes what the software does can be refused as "merely descriptive". Invented or suggestive names are stronger. (The names below are made up for illustration; check any real name before using it.)
Hypothetical · weak
BudgetTracker
For budget-tracking software: describes the function.
Hypothetical · better
CoinCompass
Hints at the purpose without describing it.
Hypothetical · strongest
Velnora
An invented word with no meaning to describe.
Can I trademark an app name before it launches?
Already live? File based on use and include a specimen showing the name in use: for a downloadable app, a screenshot of the store or download page showing the name next to a way to get the app; for SaaS, a page that offers the service under the name.
Still building? File on an intent-to-use basis to secure your filing date now. Once you launch, you file a Statement of Use ($150 per class) to complete registration.
If you would rather not prepare the application yourself, Secure Mark USA's trademark registration service prepares and files it for you, from $99 plus the USPTO fee. Every filing starts with a Comprehensive Direct Conflict Search of the USPTO database for sound-alike names, descriptiveness problems and specimen issues. Our Basic plan files within 4 to 6 business days, Premium within 2 to 4, and Imperial the same day, with your USPTO serial number issued that day.
App name trademarks: more questions
Do I need a trademark before my app goes live in the App Store or Google Play?
No. Neither store requires a trademark registration to publish an app. A registration does make it much easier to act if someone later copies your name, so many founders file before or around launch.
Can I trademark my app's icon as well as its name?
Yes. An icon or logo is registered as a design mark in its own application, with its own fee. If the budget only covers one, file the name first as a standard-character mark, because it protects the words in any style.
Does a U.S. trademark protect my app in other countries?
No. Trademark rights are territorial. To protect the name abroad you file in each country, or extend a U.S. application through the Madrid Protocol.
How long does it take to register an app name?
We tell our clients to plan for roughly 10 to 14 months from filing to registration; the USPTO's processing-times page shows its latest figures. Use the ™ symbol while the application is pending, and switch to ® only once the registration certificate is issued.
Sources
- USPTO: Summary of 2025 trademark fee changes (base fee, surcharges, Statement of Use), checked 15 Oct 2026
- USPTO Trademark ID Manual (approved Class 9 and 42 descriptions)
- TMEP chapter 1400: Classification and identification
- TMEP chapter 900: Use and specimens
Secure Mark USA is a trademark filing service, not a law firm. This article is general information, not legal advice, and the USPTO decides whether a mark registers.
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