Global trademark protection for a tech or AI company usually rests on three decisions: which goods and services to claim in classes 9 and 42, which markets to cover with one Madrid international application, and which markets need a national filing because Madrid does not reach them. Class 9, which covers downloadable software, was the most specified class in Madrid applications in 2025, with 10.8% of all classes, according to WIPO. This guide is for SaaS, AI and hardware companies planning protection across Europe, Latin America and Africa.
Key takeaways
- Downloadable software and devices go in class 9; SaaS, platforms and AI as a service go in class 42. Most software brands need both.
- The 2026 version of the Nice Classification lists “artificial intelligence as a service [AIaaS]” in class 42.
- A Madrid application cannot claim more than the base mark, so the base specification decides what every designated country can receive.
- In Latin America, Madrid covers Brazil, Chile, Colombia and Mexico; Argentina, Peru, Uruguay and Central America need national filings.
- In Africa, Madrid reaches OAPI’s member states, Morocco, Egypt, Kenya and Mozambique, but not South Africa or Nigeria.
Why classes 9 and 42 matter for software and AI brands
The Nice Classification is the international system of 45 classes used to describe what a trademark protects. In the 2026 version of class 9, the heading includes recorded and downloadable computer software, computers and peripheral devices, and the list includes items such as “computer software applications, downloadable” and “computer software platforms, recorded or downloadable”. Class 42 covers the design and development of software, and its explanatory note expressly includes software as a service (SaaS) and platform as a service (PaaS).
| What you sell | Class | Examples from the Nice list (2026) |
|---|---|---|
| App or desktop software the user downloads | 9 | Computer software applications, downloadable; downloadable application software for virtual environments |
| Hardware, devices, robots | 9 | Computers and peripheral devices; humanoid robots with artificial intelligence for use in scientific research |
| Cloud software accessed online | 42 | Software as a service [SaaS]; providing online non-downloadable computer software |
| AI models and services | 42 | Artificial intelligence as a service [AIaaS]; artificial intelligence consultancy; research in the field of artificial intelligence technology |
| Software development and support | 42 | Computer software design; software engineering services for data processing; maintenance of computer software |
The Madrid Yearly Review 2026 (WIPO, 13 May 2026) shows how common this is: class 9 led with 10.8% of all classes specified in 2025, followed by class 35 (business services), class 42 and class 41 (education and entertainment). Platforms with marketplaces, advertising or training often need classes 35 or 41 as well.
How do you write a specification that works in several countries?
The specification is the list of goods and services in the application. It travels badly if it is written for one office only. Three rules shape it:
- The base mark sets the ceiling. Under Article 3(1) of the Madrid Protocol, the office of origin certifies that the international application corresponds to the base application or registration. You cannot add AIaaS in the international application if the base mark does not cover it.
- Clarity and precision. Under Article 33 of the EU Trade Mark Regulation, terms must be clear and precise; class headings are read only by their literal meaning, and being in the same class does not make goods similar.
- Real intention and use. The United States requires a declaration of bona fide intention to use for Madrid designations (form MM18), and an EU trademark can be revoked after five years without genuine use. Claiming everything “just in case” creates weak spots.
In practice, our recommendation is to describe the product by format and function: “downloadable software for…” in class 9 and “software as a service featuring software for…” in class 42, naming the field (payments, medical imaging, logistics) rather than relying on “computer software” alone.
Global trademark protection: which markets does Madrid miss?
The Madrid System lets you file one international application through your home office and designate members. According to WIPO Lex, its members include the EU, the United States, Canada and India, but coverage of the corridor is uneven:
| Region | Reachable through Madrid | National filing needed |
|---|---|---|
| Europe | European Union, Spain, Portugal and the other EU Member States | Rarely, for unitary EU cover |
| Latin America | Brazil, Chile, Colombia, Mexico | Argentina, Peru, Uruguay, Paraguay, Ecuador, Bolivia, Costa Rica, Panama, Guatemala, Dominican Republic |
| Africa | OAPI (one designation for its member states), Morocco, Egypt, Kenya, Mozambique | South Africa, Nigeria, Angola |
For a tech brand selling online across the region, these gaps are easy to overlook. Each of these countries needs a national application through a local agent, ideally filed within the six-month priority period that the Paris Convention grants for marks, so the date matches your Madrid filing.
Madrid also carries a structural risk: under Article 6(3) of the Protocol, for five years the international registration depends on the base mark. If the base is refused or cancelled, every designation falls with it.
What this means for your business
- Map products to classes: what is downloaded (9), what runs in the cloud (42), and whether marketplace, advertising or training services need 35 or 41.
- Write the base filing for the world, not only for your home office, covering current products and those on the near-term roadmap that you genuinely intend to launch.
- Choose the base carefully. An EU trademark or a Spanish, Mexican or Brazilian mark can be the base; pick the one least exposed to opposition.
- Designate the Madrid markets and, in parallel, file nationally where Madrid does not reach, using the priority date.
- Clear the name first in the key markets, including the Madrid gaps, before the launch makes it visible.
For a filing plan that combines Madrid with national routes, our team for global trademark protection strategy can map markets and specifications. Protection of models, datasets and code beyond trademarks sits with our AI and digital assets practice.
Where tech companies get this wrong
- Claiming only class 9 for a SaaS product. If customers never download anything, the core service is in class 42.
- Copying class headings. A heading such as “computer software” may be read narrowly and gives little help in later disputes.
- A narrow base mark. Adding AI services later means a new base filing and a new international application, with a later date.
- Forgetting the Madrid gaps. A brand protected in Brazil and Mexico but not in Argentina or South Africa is exposed where it is not filed.
- Filing in a founder’s name. A transfer to the company later needs recordals in every country, and investors will ask for them.
Frequently asked questions
Which trademark classes does an AI or SaaS company need?
Usually class 42 for software as a service, platforms and AI as a service, and class 9 if users download an app or software, or if you sell devices. Many platforms also need class 35 for marketplace or advertising services and class 41 for training or content. The exact list depends on how the product is delivered.
Does the Madrid System cover all of Latin America?
No. In mainland Latin America, Madrid covers Brazil, Chile, Colombia and Mexico. Argentina, Peru, Uruguay, Paraguay, Ecuador, Bolivia and most of Central America are not members, so protection there requires national applications, normally through local agents and ideally within the six-month priority period.
Is class 9 enough for a mobile app?
Class 9 covers the downloadable app itself. If the app is the front end of an online service, such as payments, booking or AI tools running on your servers, the service is usually in class 42 or another service class. Filing in both is common for software businesses.
Can IP Global Guard file my tech brand worldwide?
Yes. We draft the specification, prepare the base and Madrid filings, which we handle directly where our professionals are entitled and otherwise through qualified representatives, and coordinate local correspondents for national filings in Latin America and Africa. Markets outside the corridor are added through Madrid and coordinated local counsel.
Protecting your tech brand with one partner
A global trademark plan for a software or AI brand is a mix of good drafting and good routing. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates trademark protection across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship; see our coverage across Europe, Latin America and Africa.
Tell us how your product is delivered, where you sell today and where you plan to launch next. We will propose the classes, the base mark and the mix of Madrid and national filings, from a single point of contact. Send our team your brand and target markets.
This article is general information, not legal advice, and does not replace a clearance search or advice on your specific mark.
Sources
- WIPO, Madrid System Yearly Review 2026 (13 May 2026)
- WIPO, Nice Classification, 13th edition, version 2026, class 9
- WIPO, Nice Classification, 13th edition, version 2026, class 42
- WIPO Lex, Madrid Protocol as amended on 12 November 2007, Articles 3 and 6
- WIPO Lex, Madrid Protocol contracting parties
- Regulation (EU) 2017/1001 on the EU trade mark, Articles 18 and 33
- WIPO, Summary of the Paris Convention for the Protection of Industrial Property
- WIPO, Form MM18, Declaration of intention to use the mark: United States (March 2026)
