April 29, 2025

TRADEMARK CLASS 7: Machines and Machine Tools; Motors and engines

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If you’re running a business in the Philippines, one of the best ways to protect your brand is by registering your trademark with the Intellectual Property Office of the Philippines (IPOPHL). Having a registered trademark means you alone have the right to use that mark for the goods or services you registered it under. It also gives you the legal power to stop others from copying, selling, or using your brand without permission.

To keep things organized, trademarks are divided into 45 classes under the international Nice Classification system. Each class groups together related products or services. That way, a company that sells heavy machinery isn’t clashing with a clothing brand that happens to use a similar name.

What’s in Trademark Class 7?

Class 7 is all about machines and power-operated equipment. Think of it as the category for tools and machinery that run on engines or motors. Here are some examples of what falls under this class:

  • Engine and motor parts (like mufflers, cylinders, and starters) — as long as they’re not for cars or trucks.
  • Electric cleaning equipment — vacuum cleaners, shoe polishers, carpet shampoo machines.
  • 3D printers and industrial robots.
  • Heavy machines — bulldozers, road sweepers, snowplows, and similar types of equipment.
  • Vending machines and even incubators for eggs.

Basically, if it’s a machine that runs on something other than pure elbow grease, it probably belongs in Class 7.

What’s Not Covered in Class 7

Not everything mechanical is part of this category. Here are a few things that fall under different classes:

  • Hand tools (like hammers and screwdrivers) go to Class 8.
  • Specialized robots — like AI-powered humanoids, teaching robots, or surgical robots — are grouped in Classes 9, 10, or 12 depending on their function.
  • Vehicle engines belong to Class 12.
  • Toy robots? That’s Class 28.
  • Other machines like ATMs (Class 9) and refrigerators (Class 11) also don’t count as Class 7.

How Do You Register a Class 7 Trademark?

The process is straightforward, but it does take some time:

  1. File your application with IPOPHL (these days it’s all done online through eTMFile).
  2. IPOPHL will check it first for formal requirements and then for registrability.
  3. If it passes, the mark gets published in the IPO Gazette so anyone who might oppose it can file an objection.
  4. If no opposition comes up (or if it’s resolved in your favor), IPOPHL issues your certificate of registration.

That’s not the end of it though. To keep your trademark alive, you’ll need to submit a Declaration of Actual Use (DAU) with proof that you’re really using the mark in the market. This has to be done at certain intervals — within 3 years of filing, on the 5th year of registration, and then again when you renew your trademark. If you miss these deadlines, your trademark could be cancelled.

Why Real Cases Matter

Courts in the Philippines take trademarks seriously because they protect both businesses and consumers. A well-known case, Shangri-La International Hotel Management Ltd. vs. Developers Group of Companies (2006), showed how important distinctiveness is — a brand isn’t just a name or logo, it’s the goodwill and reputation behind it.

For Class 7, disputes often pop up when fake or copycat machinery is sold in the market. For example, there have been cases involving imitation construction equipment with names or logos designed to look like famous global brands such as Caterpillar or Komatsu. These situations show how valuable trademark protection is — not just for businesses, but also for customers who deserve to know they’re getting genuine products.