What is a trademark?
A trademark is a word, a group of words, sign, symbol,or a logo that identifies and differentiates the source of the goods or services of one entity from those of others.
Why trademark registration is important?
A trademark protects a business’ brand identity in the marketplace. Registration of it gives the owner the exclusive rights to prevent others from using or exploiting the mark in any way.
Aside from functioning as a ‘source-identifier’, the mark may be a source of revenue for the owner through licensing or franchising of it to third parties.
Why should I register my trademark immediately?
The Philippine trademark system follows a first-to-file rule, meaning the rights to the trademark is given to the party who first filed the mark**. The minimum requirements to secure a filing date for a trademark application are:
(a) An express or implicit indication that the registration of a mark is sought;
(b) The identity of the applicant;
(c) Contact details of the applicant or its agent/representative;
(d) A reproduction of the mark; and
(e) The list of the goods or service
Subject to the provisions on [priority right], the filing date of an application shall be the date on which the Office received the indications above (either in English and Filipino) and the filing fee.
The requirements of the application itself is found in the Intellectual Property Code of the Philippines Section 124. It is only when the filing requirements have been fulfilled that the application requirements will be examined for the mark’s registrability.
For an overview of the trademark application process, click here.
What may & may not be registered?
The Intellectual Property Code of the Philippines does not enumerate what may be registered but does prescribe a negative list, or grounds for non-registrability. See the Intellectual Property Code of the Philippines, Section 123.
Generally, the distinctiveness of the mark is the key point of consideration.
How much is the filing fee of the trademark application?
- P1,212 (Small entities with 100M worth of assets or less)
- P2,617 (Big entities with more than 100M worth of assets)
Note: Filing Fees are inclusive of 1% Legal Research Fund (LRF). Other charges may apply depending on the progress of your application
What are the modes of payment?
Proceed to the IPOPHL cashier, at the ground floor.
- Direct payment to the IPOPHL cashier
- Online payment through Dragonpay
Choosing how to pay the application is included in the last step of the e-Filing system.
How will I know if my online application was received by IPOPHL?
An electronic copy of the Statement of Account (SOA) and PDF copy of the application form will be sent to the email account of applicant or agent, in real time.
Who to contact regarding my trademark application?
For more information, please call (02) 7238-6300
Online Filing: 8601 / 8602
Registry: 4302 / 4304
Publication: 4301 / 4303
International TM Application: 4701 / 4703
Application Status: 4305 / 4306
How to maintain a trademark?
To maintain protection of a trademark, the actual use of the mark in commerce should be exhibited and proven by the mark owner. This is important because having a registered trademark gives the owner exclusive right over its use, and thus bars other competitors or businesses to benefit from it. The exclusionary component of the trademark gives the business a significant edge, and therefore, there is a responsibility to prove that it is being used.
A Declaration of Actual Use (DAU) is to be submitted to IPOPHL according to the following schedule:
- Within three (3) years from the filing of the trademark application;
- Within one (1) year from the fifth (5th) anniversary of the registration of the mark; and
- Within one (1) year from the fifth (5th) anniversary of each renewal.
- As per Rule 204 of IPOPHL MC No. 17-010, a DAU must be submitted for renewed registrations within one (1) year from the date of renewal of the registration. This requirement only applies for registered marks due for renewal on 01 January 2017 and onwards, regardless of the filing date of the Request for Renewal.