LegalHow to Register a Trademark in the Philippines

In today’s globalized economy, safeguarding intellectual property (IP) is essential for businesses and individuals. In the Philippines, intellectual property rights are protected by the Intellectual Property Office of the Philippines (IPOPhil), which oversees the legal framework for trademarks, patents, copyrights, and other forms of IP. This article will focus on trademarks and patents, two critical aspects of IP protection, and guide you through registering them in the Philippines, the time validity of trademarks, and how IP laws apply to different business structures and individuals.

What is a Trademark?

A trademark is a symbol, word, phrase, logo, or combination that identifies and distinguishes the goods or services of one party from others. It serves as an identifier, protecting the brand identity of a company or individual in the marketplace. In the Philippines, trademarks are governed by Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines, which ensures the exclusive right to use the trademark for goods or services that it represents.

What is a Patent?

On the other hand, a patent is a legal right granted for an invention, providing the inventor exclusive rights to use, sell, or manufacture the invention for a limited period. In the Philippines, patents are also protected under the Intellectual Property Code. A patent is typically granted for inventions that offer new solutions to technical problems, and it protects not just the physical product but also any process that makes the product possible.

How to Protect Intellectual Property in the Philippines

Registration is the first and most crucial step in protecting intellectual property in the Philippines. Once registered, the trademark or patent owner has exclusive rights to their IP and legal recourse against unauthorized use. IPOPhil provides the following mechanisms for IP protection:

1. Registration of Trademarks and Patents legally formalizes your claim to a particular IP.
2. Issuing a Cease-and-Desist Order: If someone infringes upon your trademark or patent, you may issue this order to halt their unauthorized use.
3. Filing a Lawsuit: If infringement persists, you can bring legal action against the infringing party.
4. Monitoring and Enforcement: Regular IP monitoring ensures you are aware of any infringement, and IPOPhil offers assistance with enforcement actions.

Steps for Registering Trademarks and Patents in the Philippines

Trademark Registration Process:

1. Conduct a Trademark Search: Before filing, search IPOPhil’s online database to ensure that another party still needs to register your trademark. This step is critical to avoid conflicts and rejection of your application.
2. File the Application: Submit your application form and the required documents to IPOPhil. You must include a trademark representation, a list of goods or services the trademark will represent, and the applicant’s details.
3. Examination Process: IPOPhil will conduct a formal examination to verify compliance with legal requirements, followed by a substantive examination to check for conflicts with existing trademarks.
4. Publication in the IPO Gazette: If the application passes the examination, it will be published in the IPO Gazette to allow third parties to oppose the registration.
5. Issuance of Certificate of Registration: If no opposition is raised within 30 days of publication, the certificate of registration will be issued, giving you exclusive rights to the trademark.

Patent Registration Process:

1. Determine Patentability: Ensure your invention is new, involves an inventive step, and is industrially applicable. Inventions that are mere discoveries, scientific theories, or methods for doing business are not patentable.
2. File the Application: The application must be filed with IPOPhil, accompanied by a detailed description of the invention, claims, drawings, and an abstract summarizing the invention.
3. Substantive Examination: After filing, IPOPhil will perform a substantive examination to ensure the invention meets patentability criteria.
4. Publication: The patent application will be published, and third parties can oppose the application.
5. Granting of the Patent: If no opposition is raised and the invention meets all legal requirements, the patent will be granted, giving the inventor exclusive rights to use, sell, or license the invention.

Time Validity of a Trademark

In the Philippines, a trademark is valid for 10 years from the date of registration. This period can be renewed indefinitely, provided the trademark owner submits a Declaration of Actual Use (DAU) and files for renewal before the expiration of the 10 years. The renewal ensures continued protection, while failure to renew could result in the loss of exclusive rights to the trademark.

Differences in Intellectual Property Laws for Different Business Structures and Individuals

The application of intellectual property laws in the Philippines can vary depending on the business structure and whether the applicant is an individual or a corporate entity:

• Sole Proprietorships and Individuals: In these cases, the trademark or patent is registered under the individual’s name, and they hold exclusive rights. The sole proprietor or individual is personally liable for IP enforcement and compliance.
• Partnerships and Corporations: For businesses organized as partnerships or corporations, the entity, rather than the individual, owns the intellectual property. In this case, the business benefits from IP protection, and the company as a whole pursues any legal actions or disputes. Corporations often have more resources to manage IP portfolios, including licensing and enforcement.
• Foreign Ownership Considerations: The Philippines’ IP laws permit foreign individuals or entities to register trademarks and patents as long as they follow local requirements. However, specific business structures, such as those that allow 100% foreign ownership, may face additional requirements when dealing with IP ownership and rights.

Is Assistance Available?

Yes, we are here to help you. Intellectual property rights are critical to protecting individuals’ and businesses’ innovations and brands. In the Philippines, IPOPhil provides a robust framework for registering and enforcing trademarks and patents, ensuring that inventors and companies can secure their IP rights. We can assist you register a trademark or patent with IPOPhil.

Contact us through any of the following channels to schedule an initial consultation with one of our IP experts:

• Contact Us Here
• Fill Out the Form Below
• Call Us at +63 (02) 8540-9623