6 Reasons Why Your Photography Business Name Should Be Trademarked

Starting a business is exciting—you’ve got a brand name you love, maybe a logo you’ve worked hard on, and you’re ready to put it out into the world. But before you do, one of the smartest steps you can take is registering your trademark with the Intellectual Property Office of the Philippines (IPOPHL).

Here’s the catch: when you file, you have to pick a trademark class. And this isn’t just some minor checkbox—it can make or break your application.

Choose the wrong class and you might not be protected at all. Choose too many and you’ll end up paying higher fees, only to risk cancellation later if you can’t prove you’re actually using your mark.

So, how do you get it right? Let’s break it down.

What Exactly is a Trademark Class?

Think of a trademark class as a “category” for your brand. Every product or service belongs to one of these categories, and that’s where your protection applies.

The Philippines uses the Nice Classification system, which splits everything into 45 classes:

• 34 for goods (like clothes, electronics, food)
• 11 for services (like banking, education, consulting)

Here’s why it matters: if you register your brand in one class, someone else could still legally use the same name in another class—unless you file there too.

That’s why global brands don’t stop at one class. They register across multiple categories to keep competitors from sneaking in.

Why the Right Class Matters

In the Philippines, choosing the right class is more than just a technicality. It directly impacts:

• Your protection – IPOPHL will only protect you in the classes you file under.
• Your budget – Filing fees are charged per class. More classes = more cost.
• Your DAU (Declaration of Actual Use) – IPOPHL requires you to prove that you’re really using your trademark in each class. If you can’t, you risk cancellation.

In short: file smart, not wide.

A Closer Look at Class 9

One of the most commonly used classes in the Philippines is Class 9, which covers electronics and scientific products.

Under Class 9, you’ll find things like:

• Smartphones, laptops, tablets
• Mobile apps and software
• Wearables (smartwatches, fitness trackers)
• Virtual reality headsets
• Security alarms and GPS devices
• Lab and research equipment

But here’s where many get tripped up: not every gadget belongs to Class 9.

• Medical devices? That’s Class 10.
• Toy robots? Class 28.
• Smart fridges? Class 11.

So don’t just assume everything “electronic” is automatically Class 9.

Mistakes Business Owners Often Make

1. Filing in too many classes – Some entrepreneurs think the more classes they file in, the better. But if you can’t show real use when IPOPHL asks for proof, your mark in those extra classes could be canceled.
2. Filing in too few classes – On the flip side, others file in just one class even though their business clearly fits into more. A fitness app, for example, should probably cover both Class 9 (software) and Class 41 (fitness training services).
3. Guessing instead of checking – Many people try to figure out the right class themselves, only to realize later they picked wrong.

Real Example: Apple’s Strategy

Apple doesn’t just file in Class 9 for iPhones and MacBooks. They also cover:

• Class 38 for communication services (like FaceTime, iMessage)
• Class 42 for software and cloud storage (like iCloud, App Store)

This way, their protection stretches beyond physical devices into the services that power them. If they stuck with just Class 9, someone else could legally register “Apple” for cloud services in the Philippines.

Trademarks vs. Copyright: Don’t Confuse Them

A quick reminder: trademarks aren’t the only form of protection.

• Trademarks protect your brand name, logo, or slogan in business.
• Copyright protects the creative side—like your app’s source code, your logo artwork, or your UI design.

For example:

• Your app’s name is a trademark.
• Your app’s code is copyright.

Having both in place gives you a strong shield against copycats.

How to Pick the Right Trademark Class

Here’s a simple game plan:

1. List your products and services – Write down what you’re selling now and what you realistically plan to sell in the next 2–3 years.
2. Match them with classes – Use IPOPHL’s classification guide to see where they fit.
3. Check for overlaps – Some items aren’t as obvious (software vs. medical apps, for instance).
4. Plan ahead – If you know you’ll expand soon, consider filing in related classes.
5. Get advice if needed – If you’re unsure, consult a trademark agent. It’s cheaper than making a mistake.

FAQs

Do I need multiple classes?
Only if your business covers more than one category. Many small businesses only need one.

What if I file in the wrong class?
Your application may be rejected, or even if it’s approved, it won’t protect your real products.

Can I add classes later?
No—you’ll need to file a new application.

Do foreigners need an agent?
Yes, foreign applicants must appoint a local agent. Filipinos can self-file, but most hire agents to avoid errors.

Final Thoughts

Choosing the right trademark class might not be the most exciting part of building a business, but it’s one of the most important. It can save you from expensive disputes and keep your brand safe as you grow.

If you’re unsure, don’t gamble. Firms like Brealant (affordable), or Hechanova and Federis (premium) can help you figure out exactly which classes fit your business and file correctly with IPOPHL.

👉 Ready to protect your brand? Brealant can guide you through the process so your trademark is filed right, the first time.

✨ This version is written in plain, friendly language—SEO-friendly but not robotic. It’s the kind of blog that builds trust while still being useful.

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