- Is trademark registration mandatory in the Philippines?
No, trademark registration is not required in the Philippines. In the Philippines, trade names and business names are protected without the need for prior registration. Well-known marks are also protected in the Philippines without the need for prior registration in relation to the same or similar goods and services for which the marks are well-known.
- Is trademark registration free?
No, trademark registration in the Philippines is not free. The government fee for a simple trademark registration that covers one mark in one class is 5,769.52 Philippine pesos. The filing fee for a trademark application is multiplied by the number of classes covered, including color and priority claim fees.
- Who can apply for trademark registration?
A trademark applicant can be either a natural or a legal person. A trademark application can also be filed in the names of multiple applicants. Foreign applicants who are not domiciled in the country or do not have a real and effective commercial establishment in the country must have a resident representative who will be served with notices or processes in proceedings involving the mark.
- Can I do trademark registration myself?
Any layman who wishes to register a trademark may do so. However, when practical applicability is taken into account, hiring an attorney will make the process of registering a trademark easier.
- Can you amend a trademark registration?
Simply put, it means changing or modifying the application after it has been filed. A trademark application can be amended by filing an amendment with the United States Patent and Trademark Office (USPTO).
- How long does trademark registration take?
The total process takes 6-12 months on average.
There are 3 Major steps in trademark registration:
- File an application to the Bureau of Trademarks at the Intellectual Property Office of the Philippines (IPOPHL).
- Search and Examination.
- Publication in the IPO Philippines Gazette.
- What is a priority examination?
When you apply for a trademark, you have the option of requesting a priority examination. A priority examination allows your application to be processed first by IPOPHIL in certain circumstances.
There are eight reasons why you should file for priority action.
When you refile your rights to a mark that was canceled due to failure to file the DAU, or when your mark was abandoned and cannot be revived, you will most likely use this method.
Other reasons for priority filing include when countries or international organizations file their logos, or when sports competitions, trade missions, educational activities, domain names, or ICT infrastructure have a short timeline/need to register early to promote goodwill.
- Why was my trademark denied?
A trademark application is denied for a variety of reasons. For example, a trademark application will be denied if it contains scandalous material or uses national symbols of the Philippines or other countries.
It will also be refused if it bears the likeness of a person without his permission or is too similar to another existing trademark in the same or closely related goods and services.
- Can a certificate of registration be renewed?
A certificate of registration may be renewed for ten (10) years after it expires by paying the prescribed fee and filing a petition for renewal of registration.
The Petition for Renewal of Registration must be signed and notarized by a duly authorized representative of the owner/registrant.
- What are the requirements for recordal of change of name/address?
There is no specific document required by Philippine law to substantiate a registrant’s or applicant’s change of address. In practice, the Intellectual Property Office (IP Code) typically only requires written documents such as a certification from the applicant’s or registrant’s corporate secretary attesting to the change of address, or a similar corporate register evidencing the same.
- Can I register a trademark without a company?
Yes, an individual can own a trademark; you do not need to be a registered company to apply for trademark registration.