Register your trademark today!
Brand identity is a crucial aspect of every business, whether big or small. It is what makes your business stand out from the stiff market competition and what helps your consumers distinguish your products and services against those of the competitors. Protect and gain exclusive rights over your brand identity – business and product names, logos, and other important marks.
We, at FilePino, provide Philippine trademark registration services and can also assist you with your international trademark registration needs. Count on our legal experts and trademark specialists to give you sound advice and assist you throughout the registration – from preparing documentary requirements to filing them with the IPOPHL, responding to registrability reports, and securing your registration certificate.
Intellectual Property
The World Intellectual Property Organization (WIPO), of which the Philippines is a member, considers intellectual property (IP) to be “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”
Business enterprises are more concerned with the industrial property branch of IP, which pertains to patents, industrial designs, trademarks, and service marks, the layout-designs of integrated circuits, undisclosed information or trade secrets, and geographical indications.
Intellectual Property Code of the Philippines
The trademark registration in the Philippines is anchored primarily on the Republic Act 8293 of 1997, also known as the “Intellectual Property Code of the Philippines,” as amended. It repealed other pre-existing laws on patents, trademarks, and copyrights (i.e., R.A. 165, R.A. 166, P.D. 49, and P.D. 285, among others) and in compliance with other international conventions and treaties in which the country is party to. The law prescribes the intellectual property code, establishes the Intellectual Property Office of the Philippines (IPOPHL), and provides for its powers and functions.
Trademarks
As defined in the Code, a “mark” is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. “Trade name,” on the other hand, means the name or designation identifying or distinguishing an enterprise.
“Collective mark” means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark.
In the Philippines, the types of marks that may be registered as trademarks include word marks, figurative marks, figurative marks with words, 3D marks, and stamped or marked containers of goods.
Trademark Registration
Trademarks, trade names, service marks and names, or other marks of ownership are applied for registration, and are registered with the Intellectual Property Office of the Philippines (IPOPHL). While bad-faith registration is prohibited, only the real and legitimate owner of the trademark or trade name may apply for registration.
Registration of a trademark provides you with blanket protection – you will have exclusive use of your intellectual property and there are penalties in place for those that infringe on your rights. This not only provides peace of mind, but is the best defense against any possible future misuse of your brand or of any other instance of IP theft. According to the Intellectual Property Code of the Philippines, violators of IP rights are liable to pay damages and administrative fines and can also have their products seized and whatever property they used in committing the offense held forfeit.
Filing
Applications are filed with the Intellectual Property Office’s Bureau of Trademarks.
Search
The Bureau of Trademark searches to determine if the submitted trademark is similar or identical to existing trademarks.
Examination
The Bureau reviews the trademark for compliance to the rules and requirements in place.
Publication
The trademark will be published on the IPO Gazette for 30 days to give notice to the public and to allow for any opposition.
Registration
If there’s no opposition to the trademark, the Bureau of Trademarks issues a Certificate of Registration, which is valid for 10 years.
Why Get Professional Help
The process of registering a trademark may look relatively straightforward on paper, but it is rather complex in practice. This is true for most countries that have IP legislation, and the Philippines is no exception. An experienced IP lawyer will help you steer clear of possible pitfalls, prepare your application with the goal of providing you with the broadest possible protection, and provide you with all the advice you will need.
How can we help?
Filepino, being a one-stop shop, can assist you with your business operation from start, during its season, and up to its end. We’ve offered expert consulting services to both individuals and businesses, helping them to achieve their strategic business goals effectively.
To arrange a initial consultation, please do not hesitate to reach out to us through the following:
- Email: info@filepino.com
- Mobile: 0917 892 2337
- Landline: (02) 8478-5826
