TRADEMARK CLASS 42: Technology and Software Services

The Intellectual Property Office of the Philippines (IPOPHL) administers the national system for trademark registration. Like many jurisdictions, IPOPHL follows the Nice Classification, which organizes marks into 45 classes of goods and services. This system ensures that businesses can protect their marks in relation to the specific products or services they provide.

Class 42 – Scientific and Technical Services

Class 42 covers a wide range of professional and technical services, particularly those provided by specialists such as chemists, engineers, computer programmers, and scientific researchers. These include:

• Scientific and technological services and related research
• Engineering evaluations, estimates, and reports
• Research in medical and technical fields
• IT services such as software development and computer programming

Example:

• A mark for a software platform used in precision agriculture would fall under Class 42.
• A logo representing graphic design and illustration services would also be filed under this class.
• Brands for parenting and educational software may also be registered here.

What Does Not Fall Under Class 42

Applicants should be cautious because Class 42 does not cover:

• Business research or evaluations (Class 35 – Advertising and Business Services)
• Word processing and file management services (Class 35)
• Financial evaluations (Class 36 – Insurance and Finance Services)
• Mining and oil extraction (Class 37 – Construction and Repair Services)
• Computer hardware installation and repair (Class 37)
• Medical services by doctors, veterinarians, psychoanalysts (Class 44 – Medical and Veterinary Services)
• Garden and landscape design (Class 44)
• Legal services (Class 45 – Legal and Security Services)

Related or “Coordinated” Classes

If you are filing under Class 42, you may also want to consider these coordinated classes:

• Class 36 – Finance and insurance
• Class 37 – Construction and repair
• Class 38 – Telecommunications
• Class 39 – Transport and logistics
• Class 40 – Material treatment services
• Class 41 – Education and training
• Class 43 – Food and hospitality services
• Class 44 – Health and veterinary services
• Class 45 – Legal and protective services

Costs and Filing Strategy

Trademark fees in the Philippines are charged per class. For instance, if you want to protect your brand for both software (Class 42) and printed manuals (Class 16), you must pay separate filing fees. Choosing the wrong class can result in delays or even rejection, since IPOPHL will only approve marks that match the actual or intended business activity.

Submitting Specimens for Class 42

Since service marks do not involve physical products, acceptable specimens usually include:

• Advertisements (newspapers, magazines, brochures, billboards, online ads)
• Company websites or screenshots showing the mark in use for services
• Business cards or letterhead if the services are clearly stated
• For internet-based services, IPOPHL generally accepts homepage screenshots where the mark is prominently displayed.

Unacceptable specimens include invoices, receipts, or documents where the mark is only used as a trade name without reference to the actual service.

Philippine Case Example

In Zuneca Pharmaceutical v. Natrapharm (G.R. No. 211850, September 8, 2020), the Supreme Court emphasized the importance of proper trademark classification and distinctiveness. Although this case dealt with pharmaceutical marks, the ruling clarified that trademarks are always linked to the specific goods or services they represent, reinforcing the need to file under the correct class.

Similarly, in Kolin Electronics v. Kolin Philippines (G.R. No. 228165, February 9, 2021), IPOPHL and the courts recognized that although two marks shared the same word “KOLIN,” their registration in different classes (electronics vs. appliances) reduced the likelihood of confusion. This demonstrates how the classification system helps separate industries within the trademark framework.

✅ In summary:
Class 42 under IPOPHL is focused on scientific, technological, and IT-based services. Choosing the right class is critical since fees are per class and misclassification can cause costly restarts. Service mark specimens should show the mark directly linked to the service offered.

‍