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. The law provides businesses with the legal framework to secure and enforce their rights over their trademarks and intellectual property.

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 It repealed other pre-existing laws on patents, trademarks, and copyrights (i.e., R.A. 165, R.A. 166, P.D. 49, and P.D. 285, among others) and in compliance with other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. Protecting your trademark through registration guarantees that your intellectual property is safeguarded from competitors trying to exploit your brand.

Why Should You Protect Your Trademark?

Your trademark is a vital part of your brand identity, distinguishing your products or services in the marketplace. Securing exclusive rights over your trademark and other intellectual property ensures that your business maintains a competitive edge and remains protected from infringement. Protecting your trademark through registration guarantees that your intellectual property is safeguarded from competitors trying to exploit your brand.

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). Trademark registration is a crucial step in protecting your intellectual property rights.

Should You Register Your Trademark Immediately?

Yes! In the Philippines, the “first-to-file” rule applies, meaning that whoever registers a trademark first gains exclusive rights. Filing your trademark registration early ensures your intellectual property is protected from potential infringement, allowing you to capitalize on your brand’s value without delay.

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. After the publication period, you’ll receive your trademark registration certificate, officially securing your intellectual property.

Why Do You Need Professional Help in Registration?

While the trademark registration process might seem simple, it is full of legal complexities. Engaging an experienced intellectual property lawyer ensures that your application is handled correctly, maximizing protection for your trademark and intellectual property. A lawyer helps you avoid potential pitfalls, ensuring that your brand receives the protection it deserves.

What Is the Validity of Trademark Registration?

A registered trademark in the Philippines is valid for 10 years and can be renewed for an additional 10-year period. At FilePino, we assist with trademark renewals to ensure your intellectual property remains protected over the long term.

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.

At FilePino, we provide comprehensive trademark registration services to ensure your brand and intellectual property are fully protected. Start safeguarding your business with expert trademark assistance in the Philippines!