How to register a trademark in the .
Trademarks come with many benefits for the owner, but perhaps the most important benefit of getting a trademark registered is that it stops others from counterfeiting by legally protecting the trademark owner against infringers. Regardless of the country, a trademark is always vital to distinguish the business from others. It also helps the trademark owner use the symbol ™ against its name to show a sign of authenticity. The Philippines is involved in business from all over the world. To understand the trademark registration process in the Philippines, let us have a look.
The Philippines trademark registration service
In the Philippines, the trademark registration service follows the rule of first to file. Anyone who files the trademark registration first and gets accepted becomes the trademark owner. The trademark system of the Philippines has set certain standards for a trademark to be registered, and the application must include:
Registration request;
Applicant's name and address;
Name of the geographical place of the applicant and the business;
If the applicant is not domiciled in the Philippines, then an agent appointment;
Translation of the trademark if it is not in Filipino or English;
Details of the Trademark.
Types of trademarks in Philippines
The applicant must file to register the trademark with the Intellectual Property Office of The Philippines (IPOPHL). Different types of trademarks are allowed in the Philippines, yet trademarks that are not allowed include:
Generic Trademarks
Deceptive Trademarks
Trademarks against Public Interest
Trademarks against Public Interest or are immoral
Trademarks that contain flags or emblems of international organizations
How to register a trademark in Philippines?
Before filing an application, it is important to understand the benefit of a trademark search. A thorough search will help you understand the types of trademarks already registered, identical or similar trademarks, and if there are trademarks that were refused. This will help you assess why the applications were rejected and, through that, make an accurate application.
Once you file the application, the bureau will conduct a trademark search to check if there is already a trademark registered or if there is already an application currently filed.
If the trademark search is complete, the bureau will examine the application to see if the trademark follows the proper legislation and is according to the public's interest.
The examination process can take up to six months, depending on the list of applications filed.
After the examination, the application is published on the official gazette for the public. Anyone can oppose the application during this time. The applicant receives a Publication of Opposition (PFO) notice.
If there is an opposition, then both parties are given time to present their proofs and evidence. The Bureau of Legal Affairs takes the decision.
If there is no opposition, then the trademark is registered and published once again in IPOPHL, officially recording the trademark. There is an Issuance of Certificate, after which the applicant has to file for a Declaration of Actual Use (DAU) within three years of receiving the certificate. The DUA has to be submitted along with Evidence of Actual Use (EAU) after the 5th year of the registration and then after renewal.
The entire registration process takes around 15-26 months.
Trademark registration cost in Philippines
For a trademark search, the cost is around $100 – $250. The application cost is around $600 -$800.
Trademarks last for ten years. They can be renewed six months before the expiry date or six months after the expiry date, known as the grace period, subject to a fee.
There are loads of benefits associated with getting a trademark registered. The Philippines has many countries indulging in trade with it, which makes it all the more important for anyone to register a trademark. The process is simple; filing an application, examination and search, publication, opposition(if there is any), and registration. Even though the process takes a bit longer than usual, it comes with many benefits for the owner, especially legal protection.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. The Philippines trademark registration doesn't have to be complicated, and that's why Trademark International is here to assist with all of your intellectual property needs.
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Interested in filing a Patent in Philippines?