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The Intellectual Property Office of the Philippines (IPOPHL), like many jurisdictions that follow the Nice Classification, divides trademarks into 45 different classes of goods and services. These classes help organize the registry and clarify whether two marks can coexist without causing consumer confusion.
Trademark examiners recognize that not all businesses operate in the same commercial space. For instance, a scientific equipment company using the name “Investigator Specialties” would not conflict with a private investigation firm bearing the same name, because reasonable consumers would not assume they originate from the same source. This principle allows marks to coexist peacefully, as long as their trade channels and markets are clearly distinct.
When filing a trademark in the Philippines, you must select the correct class. Each class requires a separate filing fee, meaning a business selling posters (Class 16) and clothing (Class 25) must pay for both classes.
Importantly, if you file under the wrong class, the application may be refused and you may need to restart the process. Registration is only granted for goods or services that you already offer (proven through a Declaration of Actual Use) or intend to offer in the future.
Class 9 is one of the most widely used classes under IPOPHL because it covers almost all modern electronic and digital products. Examples of Class 9 goods include:
Globally recognized marks like ORACLE (computer systems) and OPENTABLE (reservation software) fall under Class 9.
However, not everything electronic qualifies under Class 9. For example:
These exclusions prevent overlap with other relevant classes, such as Class 10 (medical devices) or Class 28 (games and toys).
Since Class 9 products often intersect with other industries, applicants may also need to file in related classes. These include:
Filing in multiple classes ensures broader protection against infringement.
Class 9 is the most frequently used trademark class in the Philippines due to its coverage of digital goods, computer software, and common electronics. IPOPHL often examines these applications more closely, as conflicts are common.
For example, in Shang Properties Realty Corp. v. Developers Group of Companies, Inc. (G.R. No. 144459, 2003), the Supreme Court emphasized that trademarks must be considered in relation to their goods, services, and market environment. A similar principle applies in Class 9, where even small similarities may lead to rejection if the goods are technologically close.
In the Philippines, proof of use is critical. Unlike in some jurisdictions, IPOPHL requires applicants to file a Declaration of Actual Use (DAU) with Evidence of Actual Use (EAU) within set deadlines (3rd year, 5th year, renewals).
Acceptable evidence for Class 9 trademarks includes:
If you fail to submit a DAU, the application or registration will be deemed abandoned or cancelled.
Suppose a startup develops a new educational app. It must be filed in Class 9 (software). If the company also sells printed educational books, it must add Class 16. Failure to cover both may allow competitors to register a similar mark in the missing class.
✅ Key Takeaway:
Class 9 is a powerhouse category for modern IP, but it is also highly competitive. Applicants should ensure they file in all necessary coordinated classes and strictly comply with IPOPHL’s DAU requirements to avoid losing their rights.