April 29, 2025

TRADEMARK CLASS 8: Hand tools and implements

TRADEMARK CLASS 8: Hand tools and implementsBlog empty image

Under the Nice Classification of Goods and Services, trademarks are grouped into 45 classes: Classes 1–34 cover goods while 35–45 cover services. This international system, adopted in the Philippines through IPOPHL, helps applicants categorize their trademarks correctly to avoid disputes and objections.

Class 8 specifically covers hand-operated tools and implements used across various fields.

Goods Included in Class 8

  • Cutlery made of precious metals
  • Electric razors and clippers (hand-operated instruments only)
  • Sharp and blunt weapons such as daggers, swords, and similar arms
  • Hand tools for cutting, grinding, sharpening, and surface treatment
  • Agricultural and gardening tools (spades, sickles, hoes, etc.)
  • Manicure and pedicure instruments
  • Food preparation tools, including kitchen knives and cutlery
  • Hand-operated construction and repair tools (hammers, screwdrivers, saws, etc.)
  • Fastening and joining implements (nail pullers, wrenches, etc.)
  • Hair cutting and shaving tools (scissors, razors, trimmers)
  • Implements for animal slaughtering and butchering
  • Hand-operated jacks and lifting tools
  • Beauty and hygiene implements for humans and animals
  • Hair styling appliances (non-electric hand tools)
  • Fire-tending tools (bellows, pokers, tongs)
  • Other hand-operated implements not classified elsewhere

Exclusions from Class 8

Certain tools and instruments are not included here and instead belong to other classes:

  • Machine-operated tools → Class 7
  • Surgical instruments and cutlery → Class 10
  • Firearms and side arms → Class 13
  • Paper knives → Class 16
  • Fencing weapons → Class 28

Related (Coordinated) Classes

If uncertain whether to file under Class 8, applicants may also consider:

  • Class 21 – Household utensils
  • Class 35 – Advertising and business services
  • Class 37 – Construction and repair services
  • Class 40 – Material treatment services
  • Class 42 – Science and technology services
  • Class 45 – Legal and security services

Philippine Context and Case Examples

  1. Misclassification Issues – IPOPHL often issues Office Actions when an applicant misclassifies goods. For instance, an applicant who mistakenly filed electric hair clippers under Class 8 instead of Class 7 (machine-operated tools) faced delays until reclassification was corrected.
  2. Opposition Cases – In Federis Law’s records, oppositions have been filed against marks where tool manufacturers claimed similarity in branding, showing how important correct classification and distinctiveness are in Class 8 filings.
  3. DAU Compliance – Even if a Class 8 trademark is registered, failure to file the Declaration of Actual Use (DAU) with proof such as product labels or photographs of hand tools in use in the Philippine market can lead to cancellation.