Can Foreigners Apply for Trademark Application in the Philippines and How?

Yes, foreign companies and individuals are allowed to file trademark applications in the Philippines. The Intellectual Property Office of the Philippines (IPOPHL) requires that the application be signed either by the applicant or their authorized agent, in English or Filipino.

Eligible applicants include:

• Individuals,
• Corporate entities, and
• Registered organizations.

Non-residents and foreign applicants must appoint a duly authorized local representative or agent. This representative will receive all notices and legal processes relating to the application or any future disputes.

Minimum Filing Requirements

IPOPHL assigns a filing date once the filing fee and essential details are submitted, including:

1. A clear indication that trademark registration is being sought;
2. The identity of the applicant;
3. Sufficient contact information for the applicant or representative;
4. A reproduction of the trademark; and
5. A list of goods and services covered by the mark.

Applications are filed with IPOPHL and addressed to the Director of the Bureau of Trademarks.

What Qualifies as a Trademark?

A trademark may consist of:

• Words, symbols, or phrases,
• Acronyms, stylized fonts, or slogans,
• Shapes, colors, and even sounds,
• Logos, letters, or other graphic devices.

Its primary function is to distinguish the goods or services of one entity from those of another.

Important symbols:

• ™ (TM) – denotes an unregistered trademark (no legal protection yet).
• ® – denotes a registered trademark with enforceable rights.

Misuse of these symbols may be grounds for misleading representation.

The Registration Process

1. Filing & Formality Examination – IPOPHL checks completeness of application.
2. Substantive Examination – examiner reviews registrability (distinctiveness, descriptiveness, conflicts with prior marks).
   • Example: The Supreme Court in Shangri-La International Hotel v. Developers Group of Companies (G.R. No. 159938, 2010) affirmed that marks which are confusingly similar to existing ones may be refused.
3. Publication – application is published in the IPOPHL Gazette for opposition.
4. Opposition Period – third parties may oppose registration.
   • Example: In Zuneca Pharmaceutical v. Natrapharm (G.R. No. 211850, 2020), opposition based on likelihood of confusion succeeded.
5. Registration – if no opposition or refusal, IPOPHL issues a Certificate of Registration.

Choosing a Trademark Name

Applicants should avoid descriptive, generic, or confusingly similar names. IPOPHL regularly refuses descriptive terms (e.g., “Cotton” for textiles, “Vaseline” for skin products).

A pre-filing trademark search—either online via IPOPHL’s database or through an IP law firm—is strongly recommended to avoid delays and refusals.

Costs and Benefits

Trademark registration can be costly, especially if handled by larger firms. However, protection is strong once registration is secured, including:

• Exclusive right to use the mark for covered goods/services,
• Right to enforce against infringers,
• Legal remedies under the IP Code.

Conclusion

Whether you are a foreign investor or a Filipino entrepreneur, protecting your brand through trademark registration is crucial.

At Brealant, we assist both local and foreign applicants with IPOPHL filings. Foreigners are required to appoint a local agent, and even Filipinos often benefit from expert assistance to avoid errors.

📌 Contact our team at Brealant for guidance on trademark registration in the Philippines.

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