How to do a Trademark Search?

Before filing a trademark application in the Philippines, it’s important to do a trademark search at the Intellectual Property Office of the Philippines (IPOPHL).

This search helps you check if your proposed brand name or logo is already in use, or if there are existing trademarks that are too similar. It’s not just about finding exact copies—even marks that look or sound alike can cause problems.

👉 Example: In W Land Holdings, Inc. v. Starwood Hotels & Resorts (2018), the Supreme Court ruled that even when marks aren’t exactly the same, if they can confuse consumers, registration can be refused.

How to Conduct a Trademark Search

1. Go to IPOPHL’s Online Search Tool
   IPOPHL has a free online trademark database that anyone can use.
2. Pick the Type of Search
   There are three main ways to search:
   • Wordmark Search – For checking words and names.
   • Phonetic Search – For words that sound similar (like “Kwik” and “Quick”).
   • Vienna Code Search – For logos and design elements, using international codes.
3. Select the Right Trademark Class
   Trademarks are organized into 45 classes under the international Nice Classification:
   • Classes 1–34 are for goods (products).
   • Classes 35–45 are for services.
   For example:
   • Clothing → Class 25
   • Restaurants → Class 43
   • IT services → Class 42
   Since the IPOPHL tool only allows one class per search, you’ll need to repeat the process for each class related to your business.

Search Options (Wordmark Example)

When doing a Wordmark search, you can choose:

• “Starts With” – Finds marks beginning with your keyword.
• “Contains” – Finds marks that include your keyword anywhere.
• “Match With” – Finds exact matches.

👉 Example: If you search “Juan’s Coffee”:

• “Starts With” → will show results like “Juan’s Coffee House” or “Juan’s Coffee Express.”
• “Contains” → will show anything that includes “Coffee.”
• “Match With” → will only show the exact “Juan’s Coffee.”

Checking the Results

The database will show you:

• Trademark application or registration numbers
• The owner’s details
• Images (if any)
• Status (active or inactive)

If no similar marks appear, you can move forward with filing. But if you find close matches, you may need to tweak your mark or get advice from an IP professional.

👉 Example: In Emerald Garment Manufacturing v. Court of Appeals (1995), the Court decided that “LEE” and “STYLISTIC MR. LEE” were confusingly similar for jeans. This shows that small differences might not be enough to secure registration.

Phonetic and Vienna Code Searches

• Phonetic Search works like Wordmark, but focuses on sound. For example, “Lite” and “Light” could be considered similar.
• Vienna Code Search is for logos. Each design element has a code (e.g., stars, animals, shapes). Enter the code, and the system will pull up similar marks.

Why Professional Help is Useful

While anyone can use the IPOPHL database, interpreting the results isn’t always straightforward. A mark may look available but still get refused during examination if it’s judged to be “confusingly similar.”

Local applicants can file on their own, but foreign applicants must appoint a Philippine IP agent. Many business owners prefer to work with accredited firms like Brealant (Makati), Hechanova, or Federis, who can provide clearance opinions and handle filings smoothly.

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