Which TM class (EPO) to use for mobile app?

Hello,

My name is Krasimira Kadieva – an European trademark attorney and it is my pleasure to answer your question.Developers of mobile applications usually register their trademarks in classes 9 and 42.It is important to note that class 9 covers the downloadable software as a product, while class 42 covers the software as a service. However, I will advise you to choose the appropriate goods and services from classes 9 and 42. I do not advise you to register your trademark for all goods and services contained in classes 9 and 42. I also do not advise you to register your trademark in respect of the entire heading of a Nice class (heading of class 9 and/or 42) because in this case your trademark will be registered only for goods or services clearly covered by the literal meaning of the indications included in the heading of the class. Some developers also protect their mobile applications in other relevant classes, which are specific to the function of the application and its industry specific content. I regard that registering your trademark by choosing the appropriate goods and services from classes 9 and 42 will be enough.

If you would like to register an European Union Trademark, then you shall file the application before the Office for Harmonization in the Internal Market (OHIM). Until March 22, 2016 you can file an application up to three classes for 900 Euro (if you file the application online). It is important to be informed, that the new Regulation 2015/2424 will enter into force on March 23, 2016 and then the official fee for one class will be 850 Euro, 900 Euro for two classes, 1050 Euro for three classes, etc. From March 23, 2016 the Office for Harmonization in the Internal Market (OHIM) will be called the European Union Intellectual Property Office (EUIPO).

I advise you to consult a professional trademark attorney to perform a preliminary trademark search in order to avoid opposition proceedings and be sure that you do not infringe earlier rights.A professional trademark attorney will also help you take advantage of the "Fast Track" procedure, which was introduced by OHIM in november 2014. The new „Fast Track” procedure for European Union trademark applications allows and guarantees the trademark application to be examined and published in half the time (usually 7-10 days with the "fast track" procedure) or even faster, as compared to regular applications.

I am wishing you a successful registration of your trademark. With best regards,
Krasimira Kadieva

According to Ms. Kadieva's answer, it is quite different in the mainland of China. In China, the most important class to an APP depends on the APP's function. For example, if you want to register your trademark in China, class 36 is the priority. But we do recommend our client to register trademark on class 9 and 42 as defensive trademarks (to avoid trademark squatting).

Sirs: The appropriate class is International Class 09. All apps have the same class "090717 computer software applications, downloadable." Regards, Rafael BELTRAN