The business landscape continues to be competitive, so protecting your trade is crucial. Trademark registration serves the purpose of making your products and services stand out from every other enterprise and maintains the uniqueness of such identity. Without a valid registration, your trade name is at risk of infringement. The premier step to securing your trade is through registration.
In this article, learn the key steps to trademark registration in the Philippines.
The Importance of Trademark Registration
In Zuneca v. Natrapharm, Justice Caguioa emphasized that upon the effectivity of the IP Code in 1998, the manner of acquiring ownership of trademarks reverted to registration,1 noting Section 122 of such Code, viz:
SECTION 122. How Marks Are Acquired. - The rights in a mark shall be acquired through registration made validly in accordance with the provisions of [the] law.2
Accordingly, it is the fact of registration that enables the owner to exercise the rights expressed under the law. For instance, before the owner can file an action for infringement, registration is necessary. The scope of protection afforded to a registered trademark owner is not limited to protection from infringers with identical goods, it likewise extends to protection from infringers with related goods.3
3 Easy Steps to Register a Trademark in the Philippines
Building on the premise of the importance of registering your trademark, you may follow these 3 easy steps to get you started:
1. Conduct a trademark search.
Before starting the actual registration process, conduct a trademark search first. This way, your desired trademark does not infringe on other registered trademarks. You can perform the search on your own through the Intellectual Property Office of the Philippines (IPOPHL).
2. Prepare application requirements.
Prepare the application requirements after confirming that your desired trademark is unique and not confusingly similar to the existing marks. For in-person application, the requirements are the following:
- A filled out Trademark Application Form;
- Copy of the drawing of the mark;
- Proof of payment of the filing fees
3. Submit the application to IPOPHL.
Once you have prepared all the documents, submit your application for registration to the IPOPHIL office for in-person filing. Note that you may file online through the eTM file of the IPOPHIL website to avoid long queues. Fill in the necessary information, then pay online through the means allowed by the website.
Once you have submitted or filed your application, the Bureau of Trademarks will examine your application. You will then receive a Registrability Report which shows whether the applicant needs to respond to any issues determined by the examiner. Eventually, the IPOPHL will publish your application with their bulletin within thirty (30) days. If there is no opposition, your mark can be registered.
Conclusion
As consumers gravitate towards a trade that is uniquely of quality, businessowners strive to create an identity that sets them apart from every other trade. Knowing the basics of trademark registration results in protecting your services and products in the long run.
To know more about trademark law, book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com.
1 Zuneca Pharmaceutical v. Natrapharm, Inc. G.R. No. 211850, September 8, 2020.
2 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, §122 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
3 UFC Philippines, Inc. (now merged with NUTRI-ASIA, INC., as the surviving entity) v. Barrio Fiesta Manufacturing Corporation, G.R. No. 198889, January 20, 2016.
