BusinessHow to Register Your Trademark in the Philippines

In the Philippines, protecting intellectual property (IP) is essential for businesses to safeguard their unique brands, products, and services. One of the most effective ways to do this is through trademark registration. A registered trademark provides exclusive rights to the owner and ensures legal protection against unauthorized use or infringement.

What is a Trademark?

A trademark is any visible sign capable of distinguishing the goods or services of an enterprise from those of others. Trademarks can be words, symbols, logos, designs, combinations of colors, or elements that represent your brand.

Registering a trademark gives the owner exclusive rights to use the mark for their goods or services, preventing others from using similar marks that could lead to confusion. Trademarks are registered with the Intellectual Property Office of the Philippines (IPOPHL), which is the government agency responsible for enforcing IP laws in the country.

Why Register a Trademark?

1. Exclusive Rights: Once registered, you gain exclusive ownership and rights to use your trademark for the specific goods or services listed in the application.
2. Legal Protection: Trademark registration allows you to take legal action against unauthorized use or infringement.
3. Brand Value: A registered trademark increases the value of your brand and helps build trust with customers and partners.
4. Market Expansion: Registering a trademark allows you to protect your brand when expanding to new markets locally and internationally.

Steps to Register a Trademark in the Philippines

Step 1: Conduct a Trademark Search

Before filing your trademark application, checking if your proposed mark is available is essential. IPOPHL provides a trademark search facility on its website, enabling applicants to check for similar or identical marks that may already be registered.

Conducting this search is crucial to avoid conflicts with existing trademarks and ensure your application will not be rejected. This step helps save time and resources in the application process.

To perform a trademark search, follow these steps:

• Visit the IPOPHL eTMfile Search System.
• Input the proposed mark or relevant keywords.
• Review the search results to identify any potential conflicts.

You may need to revise your proposed mark if a similar or identical trademark exists.

Step 2: File the Trademark Application

Once you have verified the availability of your trademark, the next step is to file the application with IPOPHL. This process can be completed online through IPOPHL’s eTMfile system, or you can file the application manually at their office.

The application form requires detailed information, including:

• Name and contact details of the applicant (whether an individual or corporation).
• Representation of the trademark (logo or design, if applicable).
• A description of the goods or services the trademark will cover, following the Nice Classification system.
• Date of first use (if already in use).
• Address for service in the Philippines (if applicable).

For corporations, the application should be accompanied by a notarized board resolution authorizing the application.

Fees: The cost of filing varies depending on the number of classes under which your goods or services fall. The filing fees include the basic filing fee, additional fees for extra classes, and publication fees.

Step 3: Examination and Publication

After filing your application, the IPOPHL will conduct a substantive examination of your trademark. This involves evaluating whether your mark complies with the legal requirements and if there are any grounds for refusal, such as conflicts with existing marks, descriptive nature, or public order concerns.

If the IPOPHL finds no issues, the application proceeds to the publication phase. The trademark will be published in the IPOPHL e-Gazette to give third parties an opportunity to oppose the registration. The publication period lasts 30 days, during which any third party can file an opposition based on their prior rights or legal reasons.

Step 4: Registration and Issuance of Certificate

The trademark proceeds to registration if no opposition is filed within the 30-day publication period. IPOPHL will issue a Certificate of Registration, officially granting the owner exclusive rights to use the trademark for the designated goods or services. This certificate is valid for 10 years from the registration date and can be renewed indefinitely for subsequent 10-year periods.

Key Points to Remember

• Validity: Trademark registration in the Philippines is valid for 10 years, after which it can be renewed. The renewal must be filed before the expiration date, with a grace period of six months available, subject to additional fees.
• Use Requirement: The registered trademark must be used within three years of registration. Failure to use the mark can result in its cancellation by a third party on the grounds of non-use.
• International Protection: If you plan to expand your business overseas, consider international registration under the Madrid Protocol, to which the Philippines is a signatory. This system allows you to file for trademark protection in multiple countries with a single application.

Is Assistance Available?

Registering a trademark in the Philippines is essential in protecting your brand and intellectual property, and we can assist you in doing that.

Contact us now to schedule an initial consultation with one of our business consultants through any of the following channels:

• Fill out the form below
• Contact Us here
• Call us at +63 (02) 8540-9623