TRADEMARK CLASS 11: Lighting, Heating and Cooking

The Intellectual Property Office of the Philippines (IPOPHL) categorizes trademarks into 45 different classes of goods and services, following the Nice Classification (NCL) system. These classes help businesses register their marks in areas most relevant to their commercial activities, ensuring clarity and reducing overlap.

Class 11 covers appliances and equipment related to:

• Lighting, heating, steam generation, cooking, refrigeration, drying, ventilating, and water supply
• Sanitary installations
• Air-conditioning units, bed warmers, hot water bottles, heated cushions and blankets, and electric cooking utensils

For example, if you are selling electric kettles or air conditioners in the Philippines, your application would fall under Class 11.

Examples of Class 11 Trademarks

• WESTINGHOUSE – for electric air freshener dispensers
• MR. COFFEE – for coffee and iced tea makers
• MAGNAVOX – for air conditioning units
• THE VAPEVINE – for electronic vaporizers

These examples illustrate the type of appliances and consumer products covered under Class 11.

Goods Not Covered by Class 11

Some items that may seem related fall under different classes:

• Steam-producing apparatus (as parts of machines) → Class 7 (Machines)
• Electrically heated clothing → Class 9 (Scientific & Electronic Devices)

Coordinated or Related Classes

Applicants sometimes need to consider coordinated classes, particularly if their products overlap with other sectors. For Class 11, related classes may include:

• Class 6 – Common Metals
• Class 7 – Machines
• Class 9 – Electronic Devices
• Class 19 – Building Materials
• Class 20 – Furniture
• Class 35 – Business & Advertising Services
• Class 37 – Construction & Repair Services
• Class 40 – Material Treatment Services
• Class 42 – Science & Technology Services

For instance, an air-conditioning company might need to file in Class 11 (apparatus) but also in Class 37 (installation and repair services) if they offer maintenance.

Importance of Proper Classification

Filing under the wrong class can result in rejection. IPOPHL requires applicants to pay separate filing fees for each class. For example, if a company sells fans (Class 11) and shirts (Class 25), it must pay for two classes.

In the Philippines, case law highlights the importance of proper classification. In Prosource International Resources, Inc. v. Aris Phil. Products, Inc. (G.R. No. 205316, March 18, 2015), the Supreme Court emphasized that similarity of goods and services, as categorized by trademark classes, is key in assessing confusing similarity between marks.

Specimens for Class 11 Applications

To prove use in commerce, IPOPHL requires specimens showing how the trademark is used. Acceptable specimens include:

• Labels, tags, or packaging displaying the mark
• Photographs of the mark affixed on the goods
• Containers or shipping labels with the mark

For example, a company selling air purifiers can submit photos of the product’s packaging showing the trademark. Simply using the mark as a business name or return address is not enough—it must identify the goods themselves.

Real-World Philippine Example

In Samsung Electronics Co. Ltd. v. Anson Marketing Co. Inc. (IP Case No. 14-2005-00099, IPOPHL BLA, 2008), Samsung successfully opposed a similar mark for appliances, arguing that the classification and actual use of goods under Class 11 created a likelihood of confusion with its well-known brand. This demonstrates how proper classification and strong evidence of use are crucial in trademark enforcement.

✅ Key Takeaway: Choosing the right trademark class, especially for products in Class 11 (appliances and related goods), is essential for strong protection in the Philippines. Filing in the wrong class can waste time and money, and improper specimens can lead to rejection. For businesses unsure about classification, consulting an IPOPHL-accredited IP agent like Brealant, Federis, or Hechanova can prevent costly mistakes.

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