Class 42, Class 9 and Class 35 for a software business
Class 42 covers the design and development of software and the provision of software as a service. Class 9 covers downloadable software and recorded programs. Class 35 covers business and advertising services delivered through a platform.
Most SaaS businesses need Class 42. A downloadable app or an on-premise product brings in Class 9. A marketplace or a platform providing business services to third parties brings in Class 35.
Filing all three by default is not strategy, it is expense. Filing only one, where the business genuinely spans two, leaves the gap a competitor occupies.
DPIIT recognition halves the government fee
Under the First Schedule to the Trade Marks Rules, 2017, an individual, startup or small enterprise pays ₹4,500 per mark per class on e-filing, against ₹9,000 for others.
A DPIIT-recognised startup qualifies, as does an enterprise holding a valid Udyam registration as a small enterprise. Bengaluru has more DPIIT-recognised startups than any other city, and a significant number of them still file at ₹9,000 because nobody attached the certificate.
It must be attached to Form TM-A at the time of filing. It cannot be claimed afterwards and there is no refund. DPIIT recognition is itself free and can usually be obtained in days - if you are eligible and have not bothered with it, doing it before you file is the cheapest thing on this page.
Coined names, and why they are worth more
Section 9 refuses marks that lack distinctive character or describe the goods or services. The strongest marks are coined words with no dictionary meaning, followed by arbitrary words unrelated to the product, then suggestive words that hint without describing.
Startups frequently pick descriptive names because they explain the product, and then spend years and considerable money arguing acquired distinctiveness. A coined name registers more easily, enforces more easily and is worth more in a diligence exercise.