Downloadable software oppositions are up 30%.
Downloadable software, apps, games and hardware all sit in Class 9, one of the fastest-growing parts of the opposition record. Most companies opposed there already bring a lawyer.
Downloadable software, mobile apps, downloadable games and consumer electronics are registered in Class 9. Software offered as a service, through cloud access instead of a download, usually needs Class 42 as well.
Oppositions against downloadable software reached 830 in 2025, with the volume trend up 30%, and three in four defendants had counsel.
Which trademark class is software in?
Class 9 for downloadable software, apps and hardware; Class 42 for software as a service and other non-downloadable, online software. Many software companies need both.
- Class 9. Downloadable software and apps, downloadable games, computer hardware, headphones and other consumer electronics.
- Class 42. SaaS, platforms and other software customers use online without downloading. See SaaS trademarks.
The USPTO expects a software description to say what the software does, such as “downloadable software for scheduling appointments”. The word “software” alone is too vague, and a vague description is one of the most common reasons software applications get office actions.
How often are software and app trademarks opposed?
Hundreds of times a year. Downloadable software drew 830 oppositions in 2025, mobile apps 351 and video games 280. Computer hardware grew fastest, at +32%.
| Category | Oppositions 2021 through 2025 | 2025 | Volume trend | Rate per 1,000 |
|---|---|---|---|---|
| Downloadable software | 3,496 | 830 | +30% | 27.5 |
| Mobile applications | 1,650 | 351 | +13% | 31.1 |
| Video games | 1,375 | 280 | +21% | 29.5 |
| Computer hardware | 1,055 | 228 | +32% | 28.4 |
| Cybersecurity | 684 | 145 | +27% | 30.6 |
| Headphones & audio | 939 | 187 | −5% | 27.4 |
Which words get software and electronics brands opposed?
Monster, Entrepreneur, Force, Spark and Epic, among others. Big tech, media and consumer brands have opposed later software and electronics applications containing each of them more than once.
| Word | Policed by | Oppositions | Latest |
|---|---|---|---|
| Monster | Monster Energy Company | 72 | Jun 2026 |
| Entrepreneur | Entrepreneur Media, Inc. +1 | 30 | May 2026 |
| Duke | Duke University | 16 | Jul 2026 |
| Force | Salesforce, Inc. | 9 | Jul 2026 |
| Spark | SparkNotes LLC | 9 | Nov 2025 |
| Epic | Epic Games, Inc. | 6 | Apr 2026 |
| Magic | Magic Leap, Inc. | 5 | Dec 2025 |
| Orange | Orange Brand Services Limited | 5 | Oct 2025 |
| Nook | Nook Digital, LLC | 5 | Apr 2026 |
In the first row, an energy drink company’s watch on “Monster” reaches into software and electronics, categories far from drinks.
The largest tech companies watch even more widely. In our experience, Apple and Google oppose software applications of any kind that touch anything related to a mark they own. We’ve gone up against Google, Apple, Duke University and the University of Texas.
Can I trademark my app name?
Yes, if it’s distinctive and not confusingly similar to an existing mark for related goods. Names that describe what the app does are hard to register, and getting through app-store review says nothing about trademark clearance.
App stores check for duplicates only in their own catalog. Clear the name against USPTO records and common-law use before launch, especially if you plan to raise money on the brand.
Do software companies usually hire a trademark lawyer?
Mostly, yes. Between 71% and 77% of software, app, game and cybersecurity defendants appear with counsel, so going without one puts an opposed tech company in the minority.
| Category | Matters per year | With counsel |
|---|---|---|
| Downloadable software | 792 | 75% |
| Mobile applications | 351 | 73% |
| Video games | 300 | 71% |
| Cybersecurity | 154 | 77% |
What should I do if my software or app trademark is opposed?
Calendar the answer deadline the Board sets, generally 60 days from the notice, and get advice before that date. Across all categories combined, 44% of opposed applicants never answer and lose by default.
Most software defendants answer through a lawyer. Negotiating narrower goods or coexistence terms early can resolve a dispute before it reaches trial. Filing an answer keeps every option open, including a negotiated, narrower registration. See how trademark oppositions work, or help if you filed the application yourself.
44% is the share of matters showing a default, from 16,106 TTAB prosecution histories parsed so far.
How we work with you.
Clear the name
A search and a straight read on risk before you invest in labels, packaging or a launch.
File it right
The right classes, a goods description that matches how you sell, and a specimen that proves use.
Defend it
Office actions, oppositions and enforcement, with a clear view of cost before each step.
More questions.
Q01Do I need to register in both Class 9 and Class 42?
If you offer both a downloadable app and a web-based service, usually yes. Each class covers different goods or services and carries its own filing fee.
Q02Does owning the domain or publishing the app give me trademark rights?
Not over other businesses by itself. Using the name as a brand creates common-law rights where you trade; a federal registration gives nationwide priority from your filing date.
Q03Should I trademark the company name or the product name first?
Whichever one customers treat as the brand, which is often the product. Many companies file both, and we help prioritize by risk and budget.
Related help.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Oppositions
Received a Notice of Opposition? Your answer deadline and your options for defending or settling it.
Filed It Yourself?
Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.
Foreign Applicants
USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.
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