TRADEMARK CLASS 21: Household Items and Kitchen Utensils

The Intellectual Property Office of the Philippines (IPOPHL) manages the registration of trademarks in the country. To organize applications effectively, IPOPHL uses the Nice Classification system, which divides goods and services into 45 trademark classes. This system ensures that trademarks are registered in the category that best represents the applicant’s core business, avoiding conflicts between unrelated industries.

What is Class 21?

Class 21 covers primarily small, hand-operated utensils and apparatus for household and kitchen use, along with certain cleaning implements, glassware, and porcelain products.

Examples of registered marks in this class include:

• MRS. PICKY for wine glasses,
• BRUSH CADDY for brushes used in golf equipment, and
• TIP N SPRAY for empty spray bottles.

Goods Included in Class 21

If you plan to register a mark under Class 21, it would typically apply to:

• Household or kitchen utensils and containers,
• Combs and sponges,
• Brushes (except paint brushes),
• Brush-making materials,
• Articles for cleaning purposes,
• Steelwool,
• Glass (unworked or semi-worked, except for building use),
• Glassware, porcelain, and earthenware not in other classes,
• Non-electric apparatus for grinding, pressing, or mincing,
• Electric combs,
• Electric toothbrushes,
• Dish stands and decanter stands.

Goods NOT in Class 21

You would not use Class 21 if your product falls under:

• Cleaning preparations, soaps, detergents (Class 3),
• Electrically driven kitchen machines (Class 7),
• Razors, shaving apparatus, or manicure tools (Class 8),
• Electric cooking appliances (Class 11),
• Toilet mirrors (Class 20).

Related or Coordinated Classes

In some cases, you may need to consider “coordinated classes,” which are related categories where overlapping goods are often registered. For Class 21, these may include:

• Class 3 (Cleaning Substances),
• Class 8 (Hand Tools),
• Class 20 (Furniture),
• Class 35 (Advertising and Business Services),
• Class 42 (Science and Technology), and
• Class 44 (Medical and Veterinary Services).

Specimens for Class 21 Applications

When filing with IPOPHL, you must submit a specimen showing actual commercial use of the mark. Acceptable specimens include:

• Labels, tags, or containers bearing the trademark,
• Packaging displaying the mark in normal trade,
• Product displays where the mark is clearly visible to consumers.

For example, labels attached to glassware or porcelain goods are valid. However, a specimen is unacceptable if the mark is used only as a trade name (e.g., on a return address label).

Importance of Correct Classification

Registering in the wrong class can cause delays and additional costs. IPOPHL requires separate fees per class, so if you wish to protect both glassware (Class 21) and shirts (Class 25), you must pay two separate filing fees.

Case Example in the Philippines

In Colgate-Palmolive Company v. Fortune Tobacco Corporation (G.R. No. 168387, June 25, 2008), the Supreme Court emphasized the importance of correct classification and distinctiveness. Colgate opposed Fortune Tobacco’s use of the mark “Datu Puti” on unrelated goods, arguing confusion. The Court highlighted that while classification aids in determining similarity, the ultimate test is whether the goods are related in the perception of the buying public.

This underscores the importance of choosing the right class but also ensuring that your mark is distinctive and not confusingly similar to existing registrations.

✅ This version is Philippines-specific, copywrite-free, and strengthened with a Supreme Court case reference for credibility.

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