TRADEMARK CLASS 35: Business Services and Consulting

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 goods or services. These classes are based on the international Nice Classification, which groups products and services into 45 categories.

One of the most commonly used categories is Class 35, which covers business-related services like advertising, marketing, retail, and office management.

Why Classes Matter

Think of trademark classes as separate boxes. A brand name in one box doesn’t automatically conflict with the same brand name in another, as long as consumers are not likely to be confused.

For example, if you register “Brand-It” for advertising services under Class 35, it won’t clash with another company using “Brand-It” for cattle-branding tools under Class 7. The services are so different that no ordinary consumer would mistake one for the other.

The Philippine Supreme Court has echoed this idea. In Shang Properties Realty Corp. v. St. Francis Development Corp. (2014), the Court said that similarity in names is not enough — what matters is whether consumers are likely to be misled.

What Falls Under Class 35?

Class 35 is broad but mainly covers:

• Advertising and marketing agencies
• Business consultancy and management services
• Retail and wholesale services (both physical stores and online shops)
• Promotional distribution (flyers, brochures, online campaigns)
• Data and records management (compilation of business information, statistical data, etc.)

To give real-life examples:

• AIRBNB registered under Class 35 for online business directory services.
• PERFECT POINT MARKETING for advertising consultancy.
• LINKTECH for online advertising services.

Related Classes You Might Need

Businesses often apply in more than one class. For instance, a travel agency might register in:

• Class 35 (business services),
• Class 39 (travel and transport), and
• Class 36 (insurance, if they sell travel insurance).

This ensures full protection across all the services they actually provide.

Showing Proof of Use

When you register your trademark, you’ll eventually need to prove that you are actually using it in the Philippines. IPOPHL requires a Declaration of Actual Use (DAU) at certain intervals (3rd year, 5th year, and every renewal).

For Class 35, acceptable proof includes:

• Advertisements in newspapers, brochures, or online platforms,
• Screenshots of your website showing the mark with your services,
• Business cards or letterheads (as long as they clearly describe the services),
• Service contracts or receipts with your mark.

What doesn’t work:

• Just invoices, news articles, or business cards with your logo but no mention of services.

Fees and Filing Strategy

Each class requires its own fee. If your business covers different areas — say posters (Class 16), shirts (Class 25), and advertising services (Class 35) — you’ll need to pay for all three.

The good news is IPOPHL allows multi-class applications, meaning you can apply for several classes in one filing. This is easier to manage, but you still need to pay per class.

Opposition and Legal Disputes

Once your application is published in the IPOPHL Gazette, other businesses can oppose it if they believe your mark is too close to theirs. They have 30 days to file an opposition, extendible by 45 days.

A good example is Zuneca Pharmaceutical v. Natrapharm (2020), where the Supreme Court stressed that even a later-registered mark could still be challenged if it risks confusing the public.

Disputes start at IPOPHL’s Bureau of Legal Affairs (BLA), and decisions can be appealed up to the Court of Appeals or even the Supreme Court.

Key Takeaways

• Class 35 = business, advertising, and retail services.
• Choosing the right class is crucial to protecting your brand.
• You must file proof of actual use (DAU) or risk losing your mark.
• Watch out for the opposition period after publication.

If you’re unsure about which classes to register in, or how to properly submit proof of use, it’s usually worth consulting an IP professional. Firms like Brealant, Federis, and Hechanova can help navigate the process — with fees ranging from affordable (around PHP 5,000 with Brealant) to higher full-service packages.

‍