When you apply for a trademark in the Philippines, the Intellectual Property Office of the Philippines (IPOPHL) will ask you to choose a class for your mark. These classes are based on the Nice Classification System, which divides goods and services into 45 categories.
Why is this important? Because the system makes sure trademarks are protected only in the areas where they’re actually used. This means two businesses can sometimes use the same name as long as they’re in completely different industries.
For example:
- A company called “Perfect Fit” selling baseball gloves under Class 28 (toys and sporting goods) won’t clash with another “Perfect Fit” that makes dental braces under Class 10 (medical devices). Since consumers won’t confuse the two, both can safely exist.
Class 28: Toys, Games, and Sporting Goods
If your business involves play, recreation, or sports, you’ll probably be dealing with Class 28. This class includes:
- Toys, dolls, and board games
- Gymnastic and sporting gear (e.g., baseball gloves, boxing gloves, jump ropes)
- Fishing rods, reels, and tackle
- Christmas tree ornaments (but not lights or edible decorations)
- Equipment used in amusement and recreational activities
Some registered marks under Class 28 in the Philippines include:
- POWER PRO for fishing lines
- COMBAT CUBE for martial arts gear
- HUGGALO for dolls and plush toys
But not everything that seems related fits here. For instance:
- Sports clothing → Class 25 (Clothing)
- Diving gear → Class 9 (scientific equipment)
- Chocolate ornaments for Christmas trees → Class 30 (confectionery)
This is why picking the right class matters — misclassification can cause delays or outright refusal.
Related Classes You Might Consider
Many businesses file in more than one class to cover all their products. For example, if you’re selling toys under Class 28, you might also need:
- Class 25 – if you’re also selling sportswear or costumes
- Class 9 – for electronic toys or game consoles
- Class 16 – if you produce game instruction manuals or posters
- Class 41 – if you run sports training programs or entertainment events
Why the Class System Exists
The class system isn’t just bureaucracy. It helps:
- Prevent confusion by making sure trademarks stay within their industry.
- Clarify fees since each class has its own filing cost. For example, if you want protection for both toys (Class 28) and shirts (Class 25), you’ll need to file and pay for each separately.
- Keep searches accurate when IPOPHL checks if your mark conflicts with existing ones.
If you accidentally file under the wrong class, IPOPHL can refuse your application — meaning you might need to start all over again.
Proof of Use (Specimens) for Class 28
If your trademark is already in use, IPOPHL requires you to submit a specimen of use — proof that your brand is actually being used in the market.
For Class 28, acceptable specimens could be:
- Labels and tags attached to toys or sports equipment
- Packaging showing the brand (e.g., toy boxes, sports gear bags)
- A photo of the goods with the trademark stamped, engraved, or printed on them
Using the mark only as a business name (like on an invoice or return address) usually won’t count. IPOPHL wants to see it directly connected to the product that consumers buy.
Some Philippine Cases & Examples
- Del Monte Corp. v. CA (1990): The Court emphasized that trademarks exist not just to protect businesses but also to protect consumers from confusion.
- Nestlé S.A. v. CA (2001): Marks that are merely descriptive or generic (like “Chocolate” for chocolates) cannot be monopolized unless they gain a secondary meaning.
- In practice, brands like TOY KINGDOM (toys) and SPORTS CENTRAL (sporting goods retail) were accepted because they were distinctive, while marks like “BEST DOLL” would likely be rejected as descriptive.
Filing Tips for Class 28
- Be distinctive. Generic names like “FUN TOY” won’t usually pass.
- Double-check the class. If you’re unsure, ask an IP lawyer or agent.
- Prepare a clear specimen. Make sure your brand appears directly on the product or packaging.
- Think ahead. If your business will expand into clothing, digital games, or training services, consider filing in additional classes now.
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