Trademark Registration in the Philippines

The Intellectual Property Office of the Philippines (IPOPHL) defines trademark as a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others. It is important to register your trademark as it distinguishes your goods and services from others, which gives you a competitive advantage.

What Trademarks Can be Registered?

According to the Intellectual Property Code of the Philippines (IP 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. However, not all marks can be registered. 

Registrable Marks

The types of marks that can be registered are as follows:

• Word Mark. A word mark includes words, letters, numbers, or any typed or written characters.
• Figurative Mark. A figurative mark has visual elements such as pictures, graphics, or images, and does not include any words or letters.
• Figurative with Words Mark. This type of mark is a combination of images, graphics, or pictures with words or letters.
• 3D Mark. A three-dimensional (3D) mark is represented by a shape that has depth, such as the actual product or its packaging. 
• Stamped or Marked Container of Goods. This type of mark refers to any container of goods that has a mark impressed or molded onto it. The mark must be a JPEG file of an image, sketch, or photo. 

Non-Registrable Marks

In accordance with Section 123 of the IP Code, the following marks cannot registered with the Intellectual Property Office of the Philippines (IPOPHL):

• It consists of immoral, deceptive or scandalous matter that could disparage or falsely suggest a connection with living or deceased individual, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; 

• It consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any imitation thereof;

• It consists of a name, portrait or signature identifying a living individual except without their written consent, or the name, signature, or portrait of a deceased Philippine President, during the life of his widow, unless with the widow’s consent; 

• It is identical to a registered trademark;

• It is confusingly similar to a well-known and existing trademark, whether registered or not;

• It can mislead the public regarding the nature, quality, characteristics, or geographical origin of products and services;

• It consists of exclusively generic signs that are commonly used to identify the goods or services;

• It is  widely used in trade or everyday language to designate goods or services;

• It consists of descriptive signs intended to designate goods or services; 

• It has shapes dictated by technical factors or by the nature of the goods or factors that affect their intrinsic value;

• It uses a specific color, unless defined by a given form; and

• It violates the public order or morality. 

Who Can Register a Trademark in the Philippines?

Any trademark owner who wishes to register their mark may file an application with the IPO. The trademark applicant can be either natural or a legal person, and the application may be filed under the names of multiple applicants. However, if the applicant is a foreign national, they must appoint a representative residing in the country since their representative will be the one to receive notices or documents related to the application. Additionally, it is advisable to consult with a lawyer or a law firm specializing in intellectual property law. They can assist you with preparing the necessary documents and help streamline the application process. 

How to Process a Trademark Registration in the Philippines?

In the Philippines, the trademark registration process may take six (6) to twelve (12) months or even longer. Additionally, it has two ways: online and in person.

Trademark Online Registration

To process a trademark registration online trademark, the applicant must follow these procedures:

• Visit the Website. The trademark application is filed through eTM File Page or https://bit.ly/IPOPHL-eTMFile. To proceed on the application, click “proceed to eTM File”.

• Select Type of Mark. Select the type of mark you want to register. You may also include details such as disclaimers, transliteration, description of the mark, and color value.

• List of Goods or Services. List down the goods or services covered by your mark. If you know your goods or services, click “I want to provide my list”.

• Priority Claim. Select if there is a priority claim of an earlier date. If you do not have an international application, select “no” and proceed to the application.
• Fill Out the Application Form. Fill out the necessary information and click “Add” to upload your details on the record. Ensure that all given information is accurate and correct.

• Declare Entity Status. Select which entity status applies to your company. Small Entity for assets below PHP 100,000,000.00 and big entity for assets above PHP 100,000,000.00.

• Payment of Fees. Choose your payment method (Dragonpay, Paymaya, or visa) and complete the payment. 

Trademark Walk-In Registration 

To process a trademark registration through walk-in, the applicant must follow these procedures: 

• File an Application. File the application form at the Intellectual Property Office (IPO). Make sure that all information given is accurate and complete.
• File a Response. Once you received your Registrability Report, you must file a response to it within two (2) months from the mailing date. 
• Pay the Fees. If there are no objections, you will receive a Notice of Allowance and will be required to pay the necessary fees, based on your business entity.
• Approval. Once approved, your trademark application will be published for thirty (30) days on the IPO official website. A Certificate of Registration will be issued if there is no opposition. 

Can You Use a Trademark without Registration?

You can use a trademark without registering it. However, without registration, you do not have exclusive rights to the mark, and you may not be able to take legal action if someone infringes on it. The IPOPHL follows the first-to-file rule, meaning the first person to apply for trademark registration is granted ownership rights to the mark. You can use the TM symbol to indicate that you are claiming your trademark rights, even though it has not yet been registered with IPOPHL. Although, it does not guarantee that your mark will be legally protected. 

Why is It Important to Register a Trademark?

Registering a trademark is important for several key reasons:

• Legal Protection. A registered trademark grants the owner exclusive rights to use the mark, preventing others from using identical or similar marks that could confuse customers or clients. It also allows the owner to take legal action against infringers. A trademark is protected for ten (10) years and can be renewed for another ten (10) years protection from the IPO. 
• Brand Identity and Value. A trademark helps customers or clients identify your business from competitors. Having a registered mark reflects that your business offers quality product or service, contributing to the overall value of the brand. 
• Official Recognition. A registered trademark can legally use the ® symbol. This symbol means that the mark is protected by the Intellectual Property Office (IPO). This can prevent any infringement activities and enhances the company’s credibility, which can attract potential partnerships.

Need further information and assistance regarding Trademark Registration? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.