TRADEMARK CLASS 31: Grains, Fresh Fruits and Vegetables

In the Philippines, trademarks are registered with the Intellectual Property Office of the Philippines (IPOPHL). To bring order to the system, IPOPHL follows the Nice Classification, which divides all goods and services into 45 trademark classes. This framework ensures that businesses can protect their marks in categories that directly relate to their trade, while allowing unrelated industries to use similar marks without conflict.

One of the most relevant for the beverage industry is Class 32. This class covers beers, mineral and aerated waters, fruit juices, non-alcoholic drinks, and syrups or concentrates used for making beverages.

Examples of Class 32 Trademarks in the Philippines

Some familiar names registered under Class 32 include:

• Cobra Energy Drink – a popular energy drink brand in the Philippines.
• Wilkins – a widely recognized bottled water brand.
• San Miguel Pale Pilsen – although often associated with Class 33 for alcoholic drinks, its beer products also fall under Class 32.

These examples show how both multinational corporations and local giants protect their beverage brands through IPOPHL.

What Class 32 Does Not Cover

Not all drinks fall under Class 32. Some are classified differently:

• Medicinal beverages – registered under Class 5 (Pharmaceuticals).
• Milk-based drinks – classified under Class 29 (Meat, Fish, Poultry, Dairy).
• Coffee, cocoa, and chocolate drinks – belong to Class 30 (Coffee, Tea, Flour, Rice).

Related or Coordinated Classes

When applying, businesses sometimes file in more than one class to expand their protection. For those in the beverage industry, related or “coordinated” classes often include:

• Class 5 – pharmaceuticals (for medicinal beverages)
• Class 29 – dairy and food products
• Class 30 – coffee and tea
• Class 31 – agricultural goods
• Class 33 – alcoholic beverages
• Class 35 – advertising and retail services
• Class 43 – restaurants, bars, and food services

This is a strategic move for companies that want to cover their core products as well as their marketing, retail, or service extensions.

How the Trademark Class System Works

When filing a trademark application at IPOPHL:

1. Choose the right class. If your application is filed under the wrong class, it may be refused, requiring you to start over.
2. Pay fees per class. Each class requires a separate fee. For example, if you want to register a mark for bottled water (Class 32) and clothing (Class 25), you’ll need to pay for both.
3. Submit specimens. A specimen must show how your mark appears on your actual product or packaging. For beverages, this could be a label on a bottle or a logo printed on a carton.

This system is designed to make trademark rights clear and manageable, while preventing overlap between industries.

Specimen Requirements for Class 32

For Class 32, acceptable specimens include:

• Bottle or can labels showing the mark.
• Commercial packaging (cartons, multipacks).
• Photographs of the goods displaying the mark.
• Displays used at the point of sale, such as beverage coolers or dispensers.

For example, a bottle of Cobra Energy Drink with its logo on the label would serve as an acceptable specimen when applying for trademark registration.

Real-World Trademark Disputes in the Philippines

Cases involving beverage brands highlight why proper classification and strong trademark protection are so important.

• In disputes involving PepsiCo, Inc. v. Pepsi Cola Products Philippines, Inc., IPOPHL examined overlapping uses of the “Pepsi” brand in the local market. This case reinforced the importance of timely opposition and careful brand management in Class 32.
• San Miguel Brewery has also actively defended its marks like “San Mig Light” against similar-sounding names in Class 32 to prevent confusion and dilution of its well-established brand.

These examples show how big players use the IPOPHL system not only to register marks but also to enforce them against potential infringers.

✅ In short, Class 32 protects brands in the beverage industry, covering everything from bottled water and fruit juices to beers and syrups. Registering in the correct class—and, when necessary, in related classes—ensures stronger brand protection and minimizes legal risks.

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