Comprehensive Trademark Registration Service in the Philippines

Trademark Registration FAQs

What Is a Trademark? 

As legally defined, a “mark” is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and includes a stamped or marked container of goods. The marks that may be registered as trademarks include word marks, figurative marks, figurative marks with words, 3D marks, and stamped or marked containers of goods.

What Laws Govern Trademarks in the Philippines?

The laws governing trademarks in the Philippines are anchored primarily on Republic Act 8293 of 1997, also known as the “Intellectual Property Code of the Philippines,” as amended. It repealed other pre-existing laws on patents, trademarks, and copyrights (i.e., R.A. 165, R.A. 166, P.D. 49, and P.D. 285, among others) and in compliance with other international conventions and treaties in which the country is party to.

Why Should You Protect Your Trademark?

Your trademark, being part of brand identity, is a crucial aspect of your business. It is what makes your business stand out from the stiff market competition and what helps your consumers distinguish your products and services against those of the competitors. You must then protect and gain exclusive rights over your brand identity – business and product names, logos, and other important marks.

How Can You Protect Your Trademark?

According to the IP Code and the Intellectual Property Office of the Philippines (IPOPHL), trademark registration is a legal move to protect trademarks. It gives the legal owner exclusive rights and protection against those who intend to unlawfully benefit from the good name and goodwill of a trademark, including but not limited to damages and destruction of infringing materials (Sections 156 and 157 of Republic Act No. 8298, as amended).

Should You Register Your Trademark Immediately?

Yes. Why? It is because of the first-to-file rule, which means that those who are first in time shall be first in right. As such, you can exclusively benefit and exploit your trademark at the earliest possible time.

What Is the Process in Trademark Registration?

The trademark registration is processed with the Intellectual Property of the Philippines (IPOPHL). There are three (3) major steps in the process:

[1] Filing. As a trademark registration service provider, we usually conduct an initial consultation with our clients, i.e., either virtual or onsite, provide a complete list of requirements, draft additional documents, as may be necessary, and file them with the IPoPHL.  

[2] Trademark Search and Examination. Within a minimum of three (3) months after filing, the IPOPHL conducts a trademark search to determine if the submitted mark is identical or similar with those already registered and an examination to ensure its compliance with the laws and regulations. 

[3] Publication. Once the mark is approved, it is then published in the IPOPHL e-Gazette for possible opposition from the public. This may take a minimum of three (3) months but may extend up to a year or two (2) depending on the assessments and circumstances. 

Why Do You Need Professional Help in Registration?

The process of registering a trademark may look relatively straightforward on paper, but it is rather complex in practice. This is true for most countries that have IP legislation, and the Philippines is no exception. An experienced IP lawyer will help you steer clear of possible pitfalls, prepare your application with the goal of providing you with the broadest possible protection, and provide you with all the advice you will need.

What Is the Validity of Trademark Registration?

Registered trademarks are protected for a period of ten (10) years, and renewable for another ten (10) years subject to certain compliance. We, at FilePino, also process trademark renewals. 

How Much Does the Registration Cost?

Fees vary depending on certain factors or as determined by the following: 

[a] Number of Marks – If you have more than one trademark to register, these must be filed on separate applications with separate filing fees. 

[b] Filing Fees – These will be paid directly to the IPO. These may vary depending on the number of claims, classes, and embodiments applied. 

[c] Responsive Action Appeals – These generally occur after the company has filed its registration statement and received feedback or comments from the IPOPHL. When these happen, our legal team usually drafts appeals to request for reconsideration.