How can I find out whether a trademark is already registered?

Trademarks are powerful tools that allow businesses to set themselves apart in the marketplace. They are words, symbols, or designs that identify the source of goods or services. However, before you adopt a trademark for your business, it is essential to check whether someone else has already registered or is using a similar mark with the Intellectual Property Office of the Philippines (IPOPHL).

Failing to do this can expose you to costly legal disputes, rejection of your application, or even the need to rebrand after you’ve already invested heavily in marketing.

Why a Trademark Lookup Matters

If you adopt a mark already registered by another business, IPOPHL will likely reject your application during substantive examination. Worse, the rightful trademark owner could sue for infringement under the Intellectual Property Code of the Philippines (R.A. 8293). Infringement cases can lead to damages, injunctions, and seizure of infringing goods.

For instance, in Kolin Electronics Co., Inc. v. Kolin Philippines International, Inc. (G.R. No. 228165, 2018), the Supreme Court upheld IPOPHL’s ruling that “KOLIN” for appliances was confusingly similar to an earlier-registered mark, despite differences in product categories. This shows how even partial similarities can block new registrations and cause brand conflicts.

A thorough trademark search helps avoid:

• Rejection of your IPOPHL application (with non-refundable fees).
• Expensive lawsuits for infringement.
• Rebranding costs (new packaging, signage, website, and advertising).

How to Conduct a Trademark Search in the Philippines

1. Use IPOPHL’s Trademark Search System
   IPOPHL provides a free Trademark Search Facility through its website. This database allows you to check registered and pending marks in the Philippines.
2. Search for Variations
   Marks don’t need to be identical to be confusing. For example:
   • “T. Markey” and “Tee Marquee” could be deemed confusingly similar.
   • Spelling changes (“Kool” vs. “Cool”) are still risky.
     IPOPHL examiners evaluate sight, sound, and meaning when assessing confusing similarity.
3. Check by Goods/Services
   Trademarks are registered per Nice Classification. Identical marks can co-exist if they apply to unrelated industries (e.g., Delta Airlines vs. Delta Faucets). But if they are related—like coffee and donuts—the likelihood of confusion increases.
4. Look Beyond Exact Matches
   IPOPHL searches do not automatically detect similar-sounding marks. You’ll need to try spelling variations, plural forms, or even phonetic equivalents.
5. Don’t Forget Common Law Rights
   Even if a mark isn’t in IPOPHL’s database, it may be protected under prior use. Businesses with established but unregistered marks can still oppose your application during the publication for opposition stage.

Expanding Your Search and Seeking Professional Help

While basic searches are free, a professional trademark search conducted by a registered IP agent (like Brealant, Federis, or Hechanova) can uncover risks you might overlook. This includes marks filed in other ASEAN countries that could block entry into the Madrid Protocol (international registration).

For example, in Shangri-La International Hotel Management Ltd. v. Developers Group of Companies, Inc. (G.R. No. 159938, 2006), the Supreme Court stressed that long use and international reputation could bar registration even in the Philippines. This highlights the need to check beyond IPOPHL’s local database.

Copyright Considerations

Your logo design, brand packaging, and creative materials are also automatically protected by Philippine copyright law (R.A. 8293, Part IV). While copyright protects the artistic expression of your mark (e.g., a logo), trademark registration is what prevents others from using similar signs in commerce. It’s best to secure both layers of protection.

Conclusion

Doing a trademark lookup with IPOPHL before launching your brand is not just a formality—it’s an essential step in protecting your investment. By ensuring your chosen mark is unique and registrable, you safeguard your business from litigation, wasted expenses, and possible brand confusion.

If your search reveals potential conflicts, it’s wise to consult with an IP professional who can:

• Interpret the risks,
• Recommend alternatives,
• Assist with filing and opposition proceedings.

For local businesses, filing directly with IPOPHL is possible, but foreign applicants must appoint a Philippine-based agent under the IP Code.

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