In the world of business, a company’s name and logo are commonly the first things that customers or clients recognize. Therefore, having a trademark and/or trade name is essential for a business. When starting a business, it is important to understand the difference between a trademark and a trade name. This distinction is crucial for business owners, as it has a significant impact on intellectual property rights, legal protection, and branding strategies.
What is the Difference between Trademark and Trade Name in the Philippines?
Trademark
The Intellectual Property Code 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. In addition, trademarks help entrepreneurs in distinguishing their goods or services from others, giving them a competitive edge.
Trade Name
Tradename is also known as doing business as (DBA). It is an official name under which an individual or business chooses to operate their service or sell their products. It is the name that the business uses to interact with their customers or clients. It is also used on storefront, website, business cards, and marketing materials.
What are the Benefits of Having a Trademark and a Trade Name in a Business?
It is important to have a trademark and a trade name in a business, as both offer the following benefits:
- Brand Identity. Trademark and trade name differentiates your business from competitors, which prevents any brand confusion. It is the way your company communicates with your customers or clients to capture their attention, and make your products and services stand out.
- Online Presence. When your customers or clients are searching for your products or services, the first thing they will search on the internet is your company’s trade name and trademark. This could help you gain traffic on your website or social media, leading it for better ranking that could attract more customers or clients, website visitors, and boost brand visibility.
- Valuable Asset. A trademark can increase as your business becomes more recognized. This can result in business negotiations, fundings, and partnerships. On the other hand, a trade name maintains the consistency of the branding of your business.
How to Register a Trademark in the Philippines?
In the Philippines, trademark registration has two ways: online and in person.
Trademark Online Registration
To register a trademark online, the applicant must follow these procedures:
- Visit the Website. Go to eTM File Page or https://bit.ly/IPOPHL-eTMFile and 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 Down the 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 Form. Fill out the necessary information and click “Add” to upload your details on the record. More importantly, ensure that all given information is accurate and correct.
- Declare Entity Status. Choose 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.
- Pay Online. Select your payment method, whether Dragonpay, Paymaya, or visa, and pay the necessary fees.
Trademark Walk-In Registration
To register a trademark through walk-in, the applicant must follow these procedures:
- File an Application. Visit the Intellectual Property Office (IPO) and file the application form. Ensure 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.
How to Register a Trade Name in the Philippines?
To register a trade name, the applicant must follow these procedures:
- Conduct a Search. Conduct a trade name search to ensure if your proposed trade name is not yet taken or similar to an existing trade name.
- Submission of Documents. Submit the required documents, such as the duly accomplished application form, notarized affidavit stating that you have the right to use the trade name, and a photocopy of the applicant’s valid ID.
- Pay the Fee. A registration fee will be required to be paid to the Department of Trade and Industry (DTI) office where your business is located.
- Approval. The DTI will process the application and once approved, they will issue a Certificate of Registration.
Additionally, the application process may vary depending on the other requirements needed by the DTI to process the application. Therefore, it is advisable to consult with an intellectual property lawyer or professional for guidance throughout the process.
Why is Registering a Trademark and Trade Name Important?
Registering a trade name and trademark is essential to protecting your brand and ensuring the long-term success of your business. Here are several reasons why it is important:
- Legal Protection. A registered trademark provides legal protection, which prevents others from using a similar mark that could cause brand confusion. Once you file a trademark registration with the Intellectual Property Office of the Philippines (IPOPHL), you are granted exclusive rights to your mark, allowing you to take legal action against any infringers. While a trade name does not offer legal protection, registering it with the Department of Trade and Industry protects it from any infringement activities.
- Marketing Advantage. A registered trade name and a trademark can provide a significant marketing advantage. It also signifies reliability, which can build trust from customers or clients. In addition, a registered mark and trade name enhance the authenticity and quality of your products and services.
- Exclusive Rights. By registering your trademark and trade name, you possess exclusive rights that prevent others from using identical or similar to your mark or name.
Need further information and assistance regarding the Difference between Trademark and Trade Name? 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.
