Yes. Foreign companies or individuals can apply for Trademarks in the Philippines.
The application must be accompanied by a trademark registration request signed by the applicant or his agent in English or Filipino. Individuals, corporate entities, and registered organizations can all apply for trademark registration. Non-residents and foreigners may apply, but they must be represented by a lawfully authorized local agent to whom notice or process for court or administrative proceedings relating to the trademark application or registration may be served.
When the Intellectual Property Office (IPO) receives the filing fee and the following, it assigns a filing date to the application:
- An express or implicit indication that the registration of a mark is sought;
- The identity of the applicant;
- Indications sufficient to contact the applicant or his representative, if any;
- A reproduction of the mark whose registration is sought; and
- The list of the goods or services for which the registration is sought.
The above information is included in a trademark registration request (form provided by the IPO). The applicant’s name, country of residency or incorporation, complete address, telephone, fax, and email; and the name and address of the resident agent or authorized representative are among the details that must be included.
Applications must be filed with the IPO and addressed to the Director of the Intellectual Property Office of the Philippines.
What is a trademark?
A trademark might be a symbol, a phrase, or a word in general. They can be used to symbolize a company or a specific product. Acronyms, fonts, phrases, specially created colors, sounds, logo designs, shapes, symbols, letters, and so on are all trademarks. Trademarks serve to distinguish a company’s products from those of competitors. The TM symbol is frequently seen on new designs, logos, slogans, or words created by a company or an individual. While waiting for the Trademark Registration to be completed. The ® symbol denotes a registered trademark for a specific service or product.
When a product has a trademark, it does not necessarily indicate it is a registered trademark. The TM symbol denotes unregistered trademarks, whereas the ® symbol denotes registered trademarks. The symbol should only be used for trademark registration. The TM trademark is unprotected, but the symbol ® is protected as well as having legal rights. The TM symbol is used to denote services provided by an individual or a business, but not manual items. When selling services rather than items, using TM symbols is incorrect, and vice versa.
Trademark Registration process
It is critical to have all of the necessary documents for trademark registration, both online and offline. The applicant’s name, address, representation, and indication of the Trademark are just a few of the requirements. The first step is to give your good/service a proper name. Many people strive for descriptive names since they describe the product.
Choosing a name takes a lot of time. Because if your trademark name is identical to that of your competitors, you will be denied trademark registration. Then you will get a letter informing you that you need to update your trademark name. So, in order to avoid this, you should be prepared to conduct a trademark search. It can be used in both offline and online settings. It is beneficial to seek advice from an IP firm or specialist.
Trademark registration, both online and offline, is costly, but you will reap the greatest benefits. You can use the ® symbol for your goods once the trademark has been registered.
Conclusion
If you are a foreigner or a Filipino and are looking to get a trademark done, then our team at Brealant will be glad to help.