What is a mark? As defined by the Intellectual Property Code, it 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.”
A collective mark is also thus defined as “any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristics, 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.” Thus, the Intellectual Property Office of the Philippines states that a trademark is “a word, 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.”
Do you automatically have rights to a mark? No. Sec. 122 of The Intellectual Property Code states that, “the rights in a mark shall be acquired through registration made validly in accordance with the provisions of this law.” Thus, the trademark must be registered at the Bureau of Trademarks at the Intellectual Property Office for the right to the mark to be thus acquired.
This brings us to the question, are all marks registrable? The answer is no. Section 123 of the same code provides for the list of the marks that are not registrable, such as those that are contrary to public order or morality, consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services, and the like. Hence, marks that do not fall under marks that are not registrable, are allowed to be registered.
To file for an application of a trademark, it can be done either through online or in-person application. The application consists of the following:
Should you file your application immediately? Yes. Why? Because of the first-to-file rule, which means that those who are first in time shall be first in right. Note that the protection under the trademark registration shall be for ten (10) years from the date of issuance. It has a renewable period, however, of a period of ten (10) years at a time.
Need further information and assistance regarding trademark registration in the Philippines? Talk to our team at FilePino to know more about the requirements and process. Call us today at 1.806.553.6552 (USA) or +63.917.892.2337 (Philippines) for more information.
