A business is revered for its goodwill and reputation.1 A business mark signifies the quality of the goods and services offered, so the Intellectual Property Code (IP Code)2 ensures that these marks are not just meaningless combinations of letters or symbols.
This article will give you a head start on getting your trademark and protecting your trade in the long run.
Why You Should Get a Trademark
Getting a trademark secures your goods or business enterprise from market competition. Aside from the competitive nature of the commercial interests, you may be vulnerable to trademark infringement which can mislead consumers.
With a registered trademark, you will have exclusive rights to use a distinctive name or logo, increasing the value of your enterprise and brand loyalty.
A Step-by-Step Guide to Getting a Trademark in the Philippines
We have listed a step-by-step guide to getting a trademark in the Philippines. This will help you navigate your way through the competitive market standards.
1. Determine the eligibility of the mark
The root of the trademark is its distinctiveness. To establish a distinctive mark, it must be eligible for registration. Note that a mark that consists of immoral, deceptive matter, those consisting of the insignia of the Philippines, or confusingly similar to a mark that is already registered for goods or services are among marks that cannot be registered.3
2. Decide between online or in-person application
With the ease of technology, you may register your trademark online. Just visit the eTM File (Trademark) website and fill out a Trademark Application Form. For in-person filing, visit the Intellectual Property Office of the Philippines (IPOPHL) near you and secure the necessary documents. Among the required documents are the physical copy of the mark and proof of filing fee payment.
3. Pay filing fees
You may pay for filing fees online or in person. The basic trademark filing fee depends on the following classification:
- P1,212 (Small entities with 100M worth of assets or less)
- P2,617 (Big entities with more than 100M worth of assets)
For a full schedule of trademark-related fees, click here.
4. Wait for an examination by IPOPHL
The IPOPHL will conduct an examination of your application. This process may take around four (4) to six (6) months as the IPOPHL will be searching to identify any conflict with a registered trademark. To check the status of your application, you may visit the Philippine Trademark database.
Eventually, the IPOPHL will publish your trademark in the IPOPHL e-Gazette if your application passes the formal and substantive examinations. Such publication also allows third parties to oppose the registration if it infringes on their own registered mark. Such opposition lasts for 30 days.
5. Maintain your trademark
To maintain your trademark, the actual use of the mark should be exhibited and proven. Submit a Declaration of Actual Use (DAU) with evidence to that effect within three (3) years from the filing of the application.4 Otherwise, your trademark may be cancelled.
As per Rule 204 of the IPOPHL Memorandum Circular No. 17-010, a DAU must be submitted for renewed registration within one (1) year from the date of renewal of the registration. This requirement applies only to registered marks due for renewal on January 1, 2017 onwards.
For a quick rundown of the trademark registration process, check out these 3 Easy Steps to Register a Trademark in the Philippines.
Conclusion
Getting a trademark in the Philippines following the IP Code ensures that business owners and entrepreneurs can protect their identity and prevent the unauthorized use thereof. Such proactive measure also ensures commercial growth in society as a whole.
To start the process of getting your trademark, book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com.
1 Emzee Foods, Inc. v. Elarfoods, Inc.,G.R. No. 220558, February 17, 2021.
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, §1 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
3 Intellectual Property Code of the Philippines, §123.
4 Intellectual Property Code of the Philippines, §§142.2 and 151 (c)
