Guide

China Trademark for Tech and App Brands

Tech and app brands in China usually need both class 9, for the software as a product, and class 42, for the software as a service. Filing only one leaves a hole that a competitor can exploit.

Class 9 vs class 42

Class 9 covers downloadable software and hardware; class 42 covers SaaS and technology services. An app sold in stores is class 9; a platform you operate is class 42. Most tech brands genuinely do both, which is why this is the most common two-class filing we handle.

What else tech brands should file

  • Company name and product name as separate word marks
  • Logo as a figurative mark
  • GUI design as a design patent, if the interface is distinctive
  • Class 35 if you do advertising or marketplace retail

A practical note on app stores

Beyond class 9 and 42

Most app businesses stop at two classes and leave the edges open. Class 38 covers telecommunications and data transmission, which is where messaging and streaming features sit. Class 41 covers content, education and entertainment, which matters if you publish courses or media inside the app. Class 45 covers online social networking and certain platform services.

There is also a design route that software brands rarely use. China accepts design patents for graphical user interfaces, so a distinctive interface layout can be protected as a design rather than only as a mark. That is useful when a competitor copies the look of your screens without using your name.

None of this means filing everything. It means deciding on purpose. A B2B tool that sells seats needs class 9 and 42. A consumer app with a store, content and a community usually needs one or two more, and the product roadmap tells you which.

Chinese app stores and copyright registration have their own rules, and a trademark does not replace them. But for enforcement against lookalike apps, the class 9 registration is the foundation. If your roadmap includes China, send us your product description and we will confirm the classes before you launch.

Figures follow the CNIPA fee schedule and published examination guidance.

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