TRADEMARK CLASS 40: Printing and Treatment of Materials

When you’re filing a trademark in the Philippines, one of the most important steps is figuring out the right class for your goods or services. The Intellectual Property Office of the Philippines (IPOPHL) follows the Nice Classification system, which breaks down goods and services into 45 classes.

Today, let’s talk about Class 40, which covers printing, material treatment, and related services.

What Exactly is Class 40?

Class 40 is a bit different from product-based classes. Instead of covering physical goods, it covers services that involve processing, printing, or modifying materials.

Think of it this way: while some businesses sell products (like paper or clothing), Class 40 businesses focus on the work done to those products — printing, custom finishing, or treatment that adds value.

Here are some examples of services that fall under Class 40:

• Printing services – such as book printing, digital printing, or screen printing.
• Custom engraving and embossing – like personalized invitations or trophies.
• Textile treatment – dyeing, bleaching, or fabric finishing.
• Metal treatment and welding services.
• Food processing – like custom coffee roasting or flour milling.

So, if you own a printing press, a t-shirt printing shop, or a metal fabrication service, Class 40 is where your trademark application belongs.

Why Filing in the Right Class Matters

Each class is treated separately by IPOPHL. That means even if another company has a similar name, as long as they operate in a completely different class, both marks might coexist.

For example, let’s say there’s a brand called “InkWorks”:

• One operates as a printing shop under Class 40.
• Another sells stationery products under Class 16.

Even though the names are identical, their services are distinct, and IPOPHL would likely allow both registrations since consumers wouldn’t confuse a printer with a stationery supplier.

Fees and Multi-Class Filings

Since IPOPHL charges per class, you’ll need to file separately for each one. If you run both a printing service (Class 40) and also sell printed products like posters (Class 16), you’ll need two different applications — and two sets of fees.

Filing under the wrong class can delay your registration or even get it rejected, so choosing carefully is key.

Proving Actual Use

Trademarks aren’t just about registration — they’re about actual business activity. IPOPHL requires you to show proof of use for your mark in the real world.

For Class 40, acceptable proof might include:

• Flyers or ads for your printing services.
• Photos of your production facilities (e.g., printing machines, workshops).
• Screenshots of your website offering the material treatment service.
• Samples of finished products with your brand name attached to the service.

Invoices alone don’t prove trademark use — IPOPHL wants to see how customers encounter your brand in connection with your service.

Don’t Forget the DAU

Even after you’ve registered, you need to file a Declaration of Actual Use (DAU) at specific times to keep your trademark valid:

• Within 3 years of your filing date (plus a possible 6-month extension).
• Within 1 year after your 5th anniversary of registration.
• Every 10 years when you renew.

Missing these deadlines could mean losing your trademark, even if you’ve been using it.

Case in Point

The Philippine Supreme Court has repeatedly emphasized that trademarks are meant to avoid confusion. In the case of E.Y. Industrial Sales v. Shen Dar Electricity and Machinery Co. (G.R. No. 184850, 2010), the Court explained that similarity between marks isn’t enough — what really matters is whether consumers are likely to be misled.

Applied to Class 40, this means that your printing shop’s brand won’t clash with a completely different type of business, like a food company, unless both target the same audience.

Final Thoughts

Class 40 may sound technical, but it’s actually very practical. If your business involves printing, customizing, or treating materials, this is the class that protects your brand.

Here’s what you need to remember:

• Class 40 covers printing and material treatment services.
• You may need to file in multiple classes if you also sell physical goods.
• Always submit proof of actual use on time.
• Similar marks in different industries can coexist, as long as there’s no real risk of confusion.

Securing your trademark under the right class ensures your business name is safe — and helps you stand out in a competitive market.

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