What Does Class 9 Cover In A Trademark Application?

When you’re filing a trademark with the Intellectual Property Office of the Philippines (IPOPHL), one of the first (and hardest) questions you’ll face is: Which trademark class should I choose?

Why does this matter so much? Because your trademark is only protected in the classes you file under. Miss the right one, and someone else might swoop in and register your brand for related products. File too many, and you’ll waste money and risk losing protection later if you can’t prove you’re actually using your mark.

What’s a Trademark Class, Anyway?

Trademark classes are basically categories of goods and services. The Philippines uses the Nice Classification system, which divides everything into 45 classes: 34 for products and 11 for services.

Think of it this way: the same word can be registered by different companies, as long as they’re in different industries. For example, “Dove” is a soap brand but also a chocolate brand—two totally different classes, no conflict.

Class 9: One of the Most Popular Choices

If your business has anything to do with tech, electronics, or gadgets, chances are you’ll be looking at Class 9.

This class is huge and covers things like:

• Smartphones, tablets, and their accessories (cases, chargers, batteries for e-cigs)
• Software and mobile apps
• Wearables like smartwatches and fitness trackers
• Virtual reality headsets and smart glasses
• Security devices like alarms, GPS trackers, and surveillance robots
• Scientific and lab equipment

But here’s the catch: not everything with electronics falls under Class 9.

• Medical devices? That’s Class 10.
• Toy robots? Class 28.
• Smart appliances like fridges? Class 11.

This is why many applications get rejected—you have to be precise.

The Danger of “Over-Filing”

A lot of entrepreneurs think: Why not file in as many classes as possible? More protection, right?

Not really. Here’s why that can backfire:

1. Higher costs – IPOPHL charges per class, so fees add up fast.
2. Use it or lose it – You’ll need to file a Declaration of Actual Use (DAU) within the deadlines. If you can’t show proof that you’re really using your trademark in a class, that class can be canceled.

This has tripped up even big names. In fact, IPOPHL has canceled marks for failure to prove actual use, showing that they take this requirement seriously.

Real-World Example: Apple in the Philippines

Apple doesn’t just file in Class 9 for iPhones and MacBooks. They also file in:

• Class 38 for communication services (FaceTime, iMessage)
• Class 42 for software services (iCloud, App Store)

That way, they cover not just the physical devices but also the services that power them. If Apple only filed in Class 9, they’d leave big gaps competitors could exploit.

How Trademarks and Copyright Work Together

Here’s something many startups overlook: your trademark isn’t the only IP protection you have.

• The name and logo of your app can be registered as a trademark.
• The code and design of the app are protected automatically under copyright.

This dual protection is powerful: your copyright stops others from copying your work, while your trademark protects the brand identity that customers trust.

Tips When Choosing Classes in the Philippines

1. Focus on what you’re actually selling – Don’t apply for classes just because they “might be useful someday.”
2. Think ahead a little – If you’re launching a gadget now but plan to expand into accessories later, consider adding the relevant class.
3. Get expert help – A trademark agent like Brealant (more affordable), or law firms like Hechanova and Federis (higher-end), can map your business to the right classes and prevent expensive mistakes.

Bottom Line

Filing your trademark in the right class is the foundation of protecting your brand. Do it wrong, and you could lose your rights—or worse, open the door for competitors.

So, before you hit submit on your IPOPHL application, make sure you’ve chosen carefully. If you’re not sure, don’t guess. Talk to an IP professional who can guide you through the process.

👉 If you’re ready to get started, Brealant can help you file your trademark with IPOPHL and make sure you’re covered in the right way from day one.

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