In the Philippines, the Intellectual Property Office of the Philippines (IPOPHL) manages trademark registration and categorizes marks into 45 classes of goods and services under the Nice Classification system. These classes help applicants specify the exact field of business for their marks, ensuring clarity and reducing consumer confusion.
For example, no reasonable consumer would assume that a security firm named “Protector” is related to a dental appliance brand also named “Protector.” Since the services are entirely different—one in security services and the other in medical/dental goods—they can co-exist without misleading the public.
Class 45 covers legal, personal, and security services, such as:
- Protection of property and individuals
- Private investigations
- Legal representation and advice
- Social and personal assistance services
Examples of Class 45 Trademarks
- ROSELLE POLICE – protection and civil services
- SOS ALARM – security system installation and monitoring
- LITTLER – legal services
- ANSWER MAN – advisory and legal assistance
What is not included in Class 45?
Some services that may appear related actually fall under different classes:
- Business consulting and management → Class 35
- Financial or insurance services → Class 36
- Travel escort or security transport → Class 39
- Training or education in security/law → Class 41
- IT protection/security of software → Class 42
- Medical or veterinary emergency assistance → Class 44
Related or “Coordinated” Classes
When applying in Class 45, applicants often file in other related classes depending on the scope of their business. IPOPHL recognizes coordinated classes such as:
- Class 35 (business services)
- Class 36 (finance & insurance)
- Class 37 (construction/repair)
- Class 38 (telecommunications)
- Class 39 (transport/travel)
- Class 41 (education & entertainment)
- Class 42 (technology & IT services)
- Class 43 (food services)
- Class 44 (medical & veterinary services)
Registration Fees and Multiple Classes
Applicants must pay separate filing fees for each class in which protection is sought. For example:
- A company applying for security services (Class 45) and business consulting (Class 35) would need to pay for two separate classes.
Choosing the wrong class may cause refusal and force the applicant to restart the process. This is why correct classification is crucial.
Specimens for Class 45 Service Marks
Unlike product marks, service marks have no physical labels. IPOPHL accepts:
- Advertisements, brochures, or websites showing the mark used with the services
- Stationery or business cards, if they clearly identify the services
- Screenshots of websites displaying the services offered under the mark
Unacceptable specimens include:
- Press releases or news articles
- Invoices or receipts showing only the business name (without clear service identification)
- Audio recordings without a visual reference to the services
Case References in the Philippines
- McDonald’s Corporation v. L.C. Big Mak Burger, Inc. (G.R. No. 143993, August 18, 2004): The Supreme Court emphasized that trademarks exist to distinguish services/goods and avoid confusion, even if businesses operate in different fields.
- Shangri-La International Hotel v. Developers Group of Companies, Inc. (G.R. No. 159938, March 31, 2006): The Court held that even if businesses are not directly competing, if services are closely related and confusion is likely, protection under the correct class is vital.
These cases show why clear classification and proof of actual use (DAU filing) are essential in protecting a mark in the Philippines.
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