The Intellectual Property Office of the Philippines (IPOPHL) administers the country’s trademark system. To streamline applications, IPOPHL follows the Nice Classification, an international system that divides goods and services into 45 classes. This system ensures that businesses register their trademarks under the most relevant category, helping avoid overlap between unrelated industries.
Class 18 covers goods made of leather and imitation leather that are not included in other classes. It also includes travel goods and saddlery.
Examples of items under Class 18 are:
Important Note: Clothing, footwear, and headgear are not in Class 18. These fall under Class 25.
Some well-known brands have registered marks in this category internationally and in the Philippines. For instance:
Sometimes, businesses may need protection in related classes. For Class 18, the most common coordinated classes include:
Applicants must remember that IPOPHL charges separate fees per class. For example, if you want to register your trademark for bags (Class 18) and shirts (Class 25), you must pay for both classes.
When filing, you must select the correct class. If you file in the wrong class, IPOPHL will reject the application, and you may have to restart the process.
For example, if you apply for a bag brand under Class 25 (clothing) instead of Class 18, your application will likely be refused.
Trademark applicants must show specimens proving actual use of the mark in commerce. For Class 18, acceptable specimens include:
For instance, in the Philippines, IPOPHL accepted photographs of bags bearing the mark as valid evidence in several DAU (Declaration of Actual Use) filings.
In Skechers U.S.A., Inc. vs. Inter Pacific Industrial Trading Corp. (G.R. No. 164321, March 23, 2011), the Supreme Court emphasized the importance of protecting trademarks in the correct classes to prevent confusion. While this case dealt with footwear (Class 25), it illustrates how similarity in marks, even across related goods, can lead to disputes. A Class 18 bag brand could be opposed if it is confusingly similar to an established Class 25 clothing or footwear brand.