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Avoid the trademark classification trap for Pakistani tech companies. Learn the difference between Class 35, Class 42, and Class 9 for SaaS & apps.
By Syed Asad Hussain Zaidi · 8 September 2026
Author Note / Last Updated: Updated September 2026 by Syed Asad Hussain Zaidi | Advocate High Court | Professional Tax Consultant In Pakistan’s rapidly accelerating digital economy, tech founders and digital agency owners are building remarkable commercial enterprises. Software houses in Lahore export custom code across North America, fintech startups in Karachi process millions of daily peer-to-peer transactions, and e-commerce marketplaces in Islamabad connect thousands of merchants with nationwide buyers. Yet, when it comes to safeguarding their brand identity with the Trade Marks Registry of IPO-Pakistan, tech executives frequently fall victim to a subtle, catastrophic classification blunder: the confusion between Trademark Class 35 and Trademark Class 42. Every year, our legal practice encounters tech founders in acute commercial distress: A high-growth B2B SaaS startup registered its brand name exclusively in Class 35, mistakenly believing that "because we provide business services, Class 35 protects us." Two years later, a competitor files the exact same name in Class 42 for software-as-a-service cloud platforms, legally blocking the startup from licensing its software to corporate clients. An established software development house registered only in Class 42 launches an on-demand multi-vendor e-commerce marketplace under the same name, only to be hit with a cease-and-desist letter from a retail aggregator who holds prior rights in Class 35. A mobile app startup files in both Class 35 and 42, but completely forgets Class 9, leaving their downloadable smartphone app entirely unprotected on the Google Play Store and Apple App Store! In trademark law, your protection is strictly confined to the specific classes and specifications of goods and services listed on your Form TM-1. Administered under the Trade Marks Ordinance, 2001 and the international Nice Classification (12th Edition), understanding the precise boundary between Class 35, Class 42, and Class 9 is the difference between an unassailable tech brand and an expensive, forced corporate rebranding. This definitive 2026 strategic guide clarifies the exact operational differences between these classes and outlines a battle-tested classification framework for Pakistani tech enterprises. --- The Nice Classification System in Pakistan: A Quick Primer Pakistan officially follows the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The Nice Classification organizes all commercial trade into 45 distinct classes: Classes 1 through 34: Physical Goods and Manufactured Products. Classes 35 through 45: Commercial, Professional, and Technical Services. Under Pakistani registry rules, government application fees are levied on a per-class basis (e.g., submitting Form TM-1 across three classes incurs three separate government fee challans). To save money, boot-strapped Pakistani startups often pick only one class—and far too often, they pick the wrong one. --- Trademark Class 35: Business Management, Advertising & Retail Class 35 is one of the most widely registered service classes in Pakistan, but its legal scope is widely misunderstood by the tech sector. Official Class 35 Heading: "Advertising; business management, organization and administration; office functions; retail and wholesale services." What Class 35 ACTUALLY Protects: Class 35 does not protect the writing of computer code or the underlying software technology. It protects business operations, promotional activities, and retail facilitation: Online Marketplace Facilitation: Operating an e-commerce platform where third-party vendors sell goods (e.g., platforms like Daraz, Markaz, or OLX). Advertising & Digital Marketing: Running a digital performance marketing agency, SEO consulting firm, media buying service, or creative ad agency. Business Consulting & Office Administration: Human resource consulting, recruitment, payroll administration, bookkeeping, and commercial management. Retail and Wholesale Distribution Services: Operating physical or online retail storefronts selling consumer products (e.g., an online electronics store or department store). What Class 35 DOES NOT Protect: It does not protect the custom development of computer software. It does not protect Software-as-a-Service (SaaS) or cloud hosting. It does not protect the physical smartphone application downloaded to an Android or iPhone device. [!WARNING] The SaaS Fallacy: Many B2B SaaS founders argue: "Our software helps corporate human resource departments manage employee payroll; therefore, we provide business administration under Class 35." The Trade Marks Registry strictly rejects this logic. You are not providing human resource services; you are licensing a technological software tool that enables the client to conduct their own HR operations. Your core service is technological (Class 42), not managerial (Class 35)! --- Trademark Class 42: Technology, Software Development & SaaS Class 42 is the true legal home of the software engineer, cloud architect, and technological innovator. Official Class 42 Heading: "Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software." What Class 42 ACTUALLY Protects: Class 42 covers the creation, engineering, maintenance, and hosting of digital technology: Software-as-a-Service (SaaS): Hosting cloud-based applications accessible via web browsers or APIs (e.g., an online accounting platform, cloud CRM, or automated tax calculation engine like TaxCalc.pk). Custom Software & App Development: Software engineering houses, web development agencies, mobile app development dev shops, and UI/UX design consultancies. Cloud Hosting & Infrastructure (IaaS / PaaS): Server virtualization, database hosting, API gateway management, and data center operations. Cybersecurity & IT Architecture: Vulnerability assessments, network penetration testing, and IT infrastructure design. Scientific & Engineering Research: Artificial intelligence model training, mechanical prototyping, and chemical laboratory testing. What Class 42 DOES NOT Protect: It does not protect the commercial retail operation of selling physical products. It does not protect marketing, advertising, or corporate business management. It does not protect the downloadable executable code file itself (which is considered a physical/digital good under Class 9). --- The Essential Third Pillar: Why Tech Startups Must Include Class 9 When planning an intellectual property strategy for a digital product, tech founders often focus solely on service classes (35 and 42) and overlook the most fundamental asset: the mobile application itself. Under Nice Classification jurisprudence: Goods vs. Services Divide: A service is an intangible activity performed for someone else. A software file that is downloaded, installed, and executed on a user's personal hardware device is legally classified as a Digital Good under Class 9. What Class 9 Covers: "Downloadable computer software; mobile application software; downloadable electronic wallets; computer programs for financial transactions; recorded computer operating systems."* If you operate a consumer-facing mobile app (such as an on-demand ride-hailing app, digital banking wallet, or food delivery app) and fail to register in Class 9: A bad-faith actor can upload an identical clone app on the Google Play Store under your exact name. When you submit a trademark infringement takedown notice to Google, Google’s legal compliance team will check whether you hold a trademark registration for downloadable mobile software (Class 9). If you only hold a service registration in Class 35 or 42, Google may reject or delay your takedown request! --- Real-World Case Studies: How Famous Pakistani Tech Giants Classify To understand how top-tier Pakistani technology companies architect their trademark filings, examine the multi-class strategies deployed across different digital business models: The Multi-Vendor E-Commerce Platform (e.g., Daraz Model) Class 9: The downloadable Daraz smartphone shopping app on Android and iOS. Class 35 (Core): Provision of an online marketplace for buyers and sellers of goods; online advertising and retail services. Class 39: Transport, packaging, courier delivery, and logistics fulfillment services. Class 42: Hosting and maintaining the e-commerce cloud infrastructure and search engine algorithms. The Digital Fintech Wallet (e.g., Nayapay / Sadapay / Easypaisa Model) Class 9 (Core): Downloadable financial mobile application software, digital wallet software, and payment processing programs. Class 36 (Core): Financial services, electronic funds transfer, debit card issuance, bill payment processing, and virtual banking. Class 42 (Core): Software-as-a-Service (SaaS) hosting financial transaction engines, cloud security infrastructure, and API payment gateways. The Enterprise B2B SaaS Platform (e.g., HR, ERP, or LegalTech) Class 42 (Primary Core): Providing temporary use of non-downloadable cloud-based SaaS software for human resource management, ERP, and tax automation. Class 9 (Secondary): Downloadable companion mobile apps for employees and managers. Class 35 (Defensive): Business management and automated payroll administrative services. --- Practical Classification Comparison Matrix | Business Type / Operation | Primary Class | Secondary Class | Defensive Class | | :--- | :--- | :--- | :--- | | Custom Software Development Agency | Class 42 (Software design) | Class 9 (Software programs) | Class 35 (IT business consulting) | | SaaS Cloud Platform (Web-based) | Class 42 (SaaS / Cloud hosting) | Class 9 (Companion app) | Class 35 (Business administration) | | Online E-Commerce Marketplace | Class 35 (Marketplace / Retail) | Class 9 (Downloadable app) | Class 39 (Logistics / Delivery) | | Digital Performance Marketing Agency | Class 35 (Advertising / Marketing) | Class 42 (Web design) | Class 41 (Training / Webinars) | | Fintech / Payment Gateway | Class 36 (Financial services) | Class 9 (App software) | Class 42 (SaaS gateway) | | On-Demand Ride/Delivery App | Class 9 (Navigation / Ride app) | Class 39 (Transport / Courier) | Class 42 (GPS tracking SaaS) | --- How to Draft the Specification of Services on Form TM-1 A common mistake made by Pakistani applicants is copying generic, one-line class headings from Google (e.g., writing simply "Class 42: Computer services"). Overly broad or vague descriptions invite immediate official objections from the Trade Marks Registry. Your IP attorney should draft a precise, tailored Specification of Services that accurately reflects your business while providing expansive legal room for growth: Model Specification for Class 42 (SaaS & Software): "Software-as-a-service (SaaS) featuring software for [describe function, e.g., enterprise resource planning, financial accounting, and tax calculation]; design and development of computer software and mobile applications; cloud computing services; hosting of websites and web-based applications; computer programming services; IT architecture consulting and technological advisory services; providing temporary use of non-downloadable cloud software platforms." Model Specification for Class 35 (Marketplace & Digital Retail): "Provision of an online marketplace for buyers and sellers of goods and services; retail and wholesale services connected with the sale of [specify products, e.g., consumer electronics, apparel, FMCG goods] via global computer networks; online advertising and promotional marketing services; business management, organization, and commercial administration assistance for third parties." Model Specification for Class 9 (Mobile Application Software): "Downloadable computer software and mobile applications for [specify function, e.g., online shopping, financial transactions, electronic payments, and business management]; downloadable computer application software for mobile phones, tablets, and smart devices; computer software platforms, recorded or downloadable; electronic publications downloadable from the internet." --- Budget-Optimized Filing Strategy for Bootstrapped Startups If your tech startup is operating on limited capital and cannot afford to pay government fees across three or four classes simultaneously, adopt a phased filing strategy: Identify the Core Value Engine: If your users interact exclusively via a mobile app (e.g., an on-demand courier or delivery tool), prioritize Class 9. If you license a cloud platform to corporate clients over the web, prioritize Class 42. If you take a commission connecting buyers with third-party sellers, prioritize Class 35. Execute Phase 2 Defensive Filings Upon Raising Capital: As soon as your startup raises institutional funding or achieves positive cash flow, immediately submit Form TM-1 applications for the secondary and defensive classes to seal all legal loopholes before competitors notice your success. --- Strategic Action Checklist for Tech Founders & In-House Counsel Map Your Digital Architecture: Dissect your product into its component parts: Is there a downloadable app (Class 9)? Is there a cloud SaaS engine (Class 42)? Is there a marketplace or retail storefront (Class 35)? Conduct Prior Art Searches Across ALL Relevant Classes: Do not search Class 42 alone. A competitor holding a conflicting name in Class 35 can legally oppose your application if your services overlap commercially. Avoid Vague Class Headings: Use precise, tailored specifications on Form TM-1 to prevent examiner show-cause notices. Secure the Downloadable Mobile App in Class 9: Protect your app store listings against clone APKs and fraudulent mobile app releases. Consult an Advocate High Court Experienced in Tech IP: Retain specialized legal counsel to structure multi-class filings that minimize official government fees while maximizing investor valuation. --- Disclaimer: This guide is prepared for informational and strategic educational purposes. Trademark classifications and registry practices involve strict statutory definitions and evolving administrative standards. Consult an Advocate High Court or accredited trademark practitioner for formal legal evaluation of your tech enterprise.