TRADEMARK CLASS 44: Medical and Beauty Services

The Intellectual Property Office of the Philippines (IPOPHL) is the government body tasked with administering and examining trademark applications in the country. Similar to other jurisdictions, IPOPHL uses the Nice Classification system, which organizes trademarks into 45 different classes of goods and services.

Each class represents a category of goods or services. This means that two businesses can own the same trademark in different industries without infringing on each other’s rights. For instance, a cleaning solution branded “Clear as Day” would not conflict with a pharmaceutical product of the same name intended for allergy relief, since they belong to different classes.

Class 44: Medical and Agricultural Services

Class 44 is a broad category covering services in the field of healthcare, hygiene, veterinary care, and agriculture. Specifically, it includes:

• Medical diagnostic and treatment services (e.g., x-ray exams, blood tests)
• Veterinary and animal breeding services
• Pharmacy consultations
• Artificial insemination services
• Agricultural, horticultural, and forestry-related services (gardening, landscaping, floral design)

However, some services that may appear related do not belong to Class 44. For example:

• Pest control (Class 37 – Construction & Repair Services)
• Ambulance transport (Class 39 – Shipping & Travel Services)
• Taxidermy and slaughtering (Class 40 – Material Treatment Services)
• Animal training (Class 41 – Education & Entertainment)
• Boarding for pets (Class 43 – Food & Hospitality Services)

Coordinated Classes

Since services often overlap, applicants may also consider “coordinated” classes, which are commonly filed alongside Class 44. Examples include:

• Class 35 – Business & Advertising
• Class 41 – Education & Training
• Class 42 – Scientific & Technological Services
• Class 43 – Food & Hospitality

IPOPHL Specimen Requirements

When applying for a service mark under Class 44, the applicant must submit a specimen showing how the mark is used in trade. Acceptable specimens include:

• Advertisements (brochures, flyers, websites, social media pages)
• Business cards and letterheads if they show the services clearly
• Screenshots of websites showing online medical or veterinary services

Unacceptable specimens include mere company stationery that does not describe the service, press releases, or invoices without service indication.

Declaration of Actual Use (DAU) in the Philippines

Unlike some jurisdictions, IPOPHL requires applicants to file a Declaration of Actual Use (DAU) with supporting evidence at specific intervals to maintain their registration:

1. Within 3 years from filing (extendible by 6 months)
2. Within 1 year from the 5th anniversary of registration
3. Within 1 year from each renewal date
4. Within 1 year from the 5th anniversary of each renewal

Failure to file results in automatic abandonment or cancellation.

Real-World Examples in Class 44

Some notable examples of registered Class 44 trademarks in the Philippines include:

• THE MEDICAL CITY – a hospital chain providing medical services.
• ST. LUKE’S MEDICAL CENTER – registered for healthcare and diagnostic services.
• PETPLAN – a veterinary service and animal healthcare provider.

These show how wide-ranging Class 44 can be, covering both human and animal care.

Philippine Case Example

In Republic v. Mega Clinic, Inc. (G.R. No. 226206, July 2020), the Supreme Court affirmed IPOPHL’s authority in assessing distinctiveness in medical service marks. The case emphasized that service providers in the medical field must establish acquired distinctiveness if their mark is descriptive.

This highlights the importance of choosing a unique mark, especially in healthcare and wellness services where descriptive terms (like “Wellness Center” or “Health Clinic”) are often rejected unless proven to have gained secondary meaning.

Key Takeaways

• IPOPHL follows the Nice Classification, and Class 44 covers healthcare, veterinary, and agricultural services.
• Applicants must choose the correct class and provide specimens showing use in services.
• Filing under multiple classes is allowed but requires additional fees.
• DAU filings are mandatory in the Philippines to maintain trademark rights.
• Case law emphasizes distinctiveness—generic or descriptive terms will face objections unless proven to have acquired recognition.

For business owners in healthcare, veterinary, and related industries, careful classification under Class 44 ensures proper protection of their brand in the Philippines.

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