The Intellectual Property Office of the Philippines (IPOPHL), through its Bureau of Trademarks, organizes trademarks under the Nice Classification system, which divides marks into 45 classes—34 for goods and 11 for services. These classes ensure that businesses can protect their marks within the categories most relevant to their trade.
Class 36 covers financial and monetary services, insurance, and real estate affairs. This includes, among others:
- Services of banks, exchange brokers, and clearing houses
- Credit institutions other than banks (e.g., cooperatives, microfinance entities, lending companies)
- Investment companies, trusts, and holding firms
- Brokerage of shares, securities, or property
- Trusteeship and fiduciary services
- Issuance of letters of credit and traveler’s cheques
- Hire-purchase and lease-financing arrangements
- Administration, valuation, and financing of real estate
- Insurance underwriting, brokerage, and agency services
Examples of Class 36 Trademarks
Some marks registered under Class 36 in the Philippines include:
- BPI – Bank of the Philippine Islands (banking and finance)
- SUN LIFE – insurance and investment services
- GCASH – mobile wallet and money transfer services
These show how Class 36 covers traditional financial institutions, insurance companies, and new fintech platforms.
Related Classes
If your services extend beyond finance, you may also need to consider “coordinated classes” such as:
- Class 35 – Business and management services
- Class 37 – Construction and repair (often tied to real estate services)
- Class 38 – Telecommunications (relevant for fintech and e-wallet platforms)
- Class 39 – Transport and logistics
- Class 42 – Technology services (useful for blockchain and digital payment systems)
- Class 45 – Legal and security services
Choosing the right class is crucial since IPOPHL requires separate fees per class, and filing in the wrong class may cause delays or even rejection.
Specimens of Use for Class 36
Unlike goods, where you can attach labels to products, service marks must show use in connection with the services offered. IPOPHL accepts the following as evidence of actual use (EAU) in Class 36:
- Brochures, flyers, or advertisements showing the mark linked to the financial/insurance service
- Screenshots of websites or apps (for fintech or online banking) where the service is offered to Philippine customers
- Photographs of offices or branches displaying the mark
- Contracts, receipts, or marketing materials showing services under the mark
Not acceptable: invoices alone, press releases, or documents that only show the mark without reference to services.
Legal Context and Case Examples
- Opposition Cases – In Asia Pacific Resources International Holdings Ltd. v. Paperone, Inc. (G.R. No. 213365, 2019), the Supreme Court emphasized the importance of distinctiveness and likelihood of confusion when opposing registration. For Class 36, this means financial institutions must be cautious of adopting marks similar to established banks or insurers.
- Cancellation for Non-Use – Under the IP Code, failure to file the Declaration of Actual Use (DAU) at prescribed intervals (within 3 years of filing, 5th anniversary, and upon renewal) results in automatic cancellation. For instance, IPOPHL has cancelled several fintech-related marks for failure to submit DAUs, leaving them open to third-party appropriation.
- Well-Known Marks – Philippine courts and IPOPHL also protect internationally well-known financial marks even if they are not yet registered. For example, in Kohler Co. v. Kohler Philippines, Inc. (G.R. No. 170733, 2012), the Court recognized the Paris Convention obligations to protect famous marks. This principle applies to global financial brands like VISA or MASTERCARD, which enjoy broader protection under Class 36.
✅ Key Takeaway:
If you are filing for a financial, insurance, or real estate-related mark in the Philippines, you must:
- File under Class 36 and any related classes if applicable,
- Submit proper Evidence of Actual Use,
- Be mindful of existing well-known marks, and
- Anticipate possible oppositions or cancellations at IPOPHL.
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