Getting Your Trademark Registered in the Philippines: A Guide

Getting Your Trademark Registered in the Philippines: A Guide Unknown 5 of 5
What is trademark in the first place? Putting up your business, especially in this very competitive generation where almost everyon...

What is trademark in the first place?

Putting up your business, especially in this very competitive generation where almost everyone wants to become an entrepreneur, you probably thought about the best name, logo, symbol, design, words and phrases that will make it stand out from the rest. Well, these all are what we call trademarks. Trademark is what identifies your company and products or services you sell.

Why you need to register your trademark?

Registering your trademark will help you protect your business as it gives you the power to take legal action against individuals and/ or organization who will use and take advantage of your product names, logos, and designs without permission from you.

As articulated from Legal Zoom, “registering a trademark increases the value of a business.” If time will come where you wanted to sell it, a registered trademark may increase its sale price. However, if you want to keep it, getting your trademarks registered will add legitimacy to your business.

Do you need a trademark lawyer?

The decision is up to you whether or not you’ll consult a trademark lawyer in the Philippines. Be that as it may, a lawyer can 1.) guide you in case there are unanswered questions from the office, 2.) advice you for a response in case of registration refusal, 3.) take action in case you found out someone is using your trademark without you permitting and 4.) help you in the event that someone has accused you of trademark infringement.

How to register a trademark in the Philippines?

Here in the Philippines, the Bureau of Trademarks of Intellectual Property Office (IPO) handles the registration of trademarks. 

If you’re eyeing to get your trademarks registered in the Philippines, you will need to undergo four phases.

Keep on reading.

1. Application filing

For the initial process, you will have to submit a list of requirements to the Bureau of Trademarks. 

It is possible before to file an online application. However, the service doesn’t run smooth recently or is having some errors. For less hassle, it’s better to check the IPO Philippines website first (as linked above) to see if it’s available in your current time. 

As you filed and paid the necessary fees, a respective duty officer will conduct an examination if your submitted requirements are complete. After that, you shall receive your application number.

2. Searching and Examining

The procedure of searching is performed in order to determine if there exist similar or identical trademarks to that you are applying for. Afterwards, the application will be examined to see if it complies with all rules and regulations.If is not met, your application will be rejected. 

Frequent objections involve 1.) conflicting rights with a different proprietor 2.) a conflict with a famous trademark, 3.) uniqueness, 4.) descriptiveness, and 5.) wide description of goods and services, among others.

3. Publication in PH Gazette

After officers run searches and examinations, you will be notified if your trademark has been approved.  It will then be published in the IP Philippines Gazette. It thus informs the public of the trademark application. The public will be given up to thirty (30) days to oppose its registration.

Any person or organization company may oppose registration if it violates an existing trademark they own or have, or if it is found damaging the reputation of a particular individual or entity.

4. Registration

After the Director of the Bureau of Legal Affairs verified that there is no notice of opposition, the office shall issue the Certificate of Registration.

The trademark will again be published in the IP Philippines Gazette marking its official entry. This is valid for ten (10) years and can be renewed after.

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