How to register trademark and service marks?

When you think of brands you trust, what comes to mind? Maybe the Jollibee bee, the San Miguel logo, or the Nike swoosh. These aren’t just nice designs—they’re trademarks. They help customers instantly recognize where a product comes from, and they protect businesses from copycats.

In the Philippines, trademarks and service marks fall under intellectual property rights and are regulated by the Intellectual Property Office of the Philippines (IPOPHL) through the Intellectual Property Code (RA 8293).

What Exactly is a Trademark?

A trademark is basically your brand’s identity for goods. It can be a word, logo, symbol, slogan, or even a combination of these that sets your product apart from the rest. For example, when you see the “Oishi” logo, you immediately know the snack’s origin—that’s trademark power at work.

Once registered with IPOPHL, you have the exclusive right to use that mark. It also means you can stop others from selling products that try to imitate your brand.

📌 Real Case: In Zuneca Pharmaceutical vs. Natrapharm (2020), the Supreme Court ruled that even a registered mark can be invalidated if it causes confusion with an earlier, well-known brand. This shows how crucial IPOPHL’s role is in making sure consumers aren’t misled and businesses are treated fairly.

What About a Service Mark?

If a trademark covers goods, a service mark covers services. Think Cebu Pacific for airline travel or PLDT for telecommunications. Both are protected in the same way trademarks are—it’s just that instead of identifying physical products, they identify the provider of a service.

Under Philippine law, trademarks and service marks go through the same registration process. The only difference lies in what they protect.

What They Have in Common

• Both set your business apart from competitors.
• Both give you exclusive rights once registered.
• Both require IPOPHL registration for stronger protection.
• Both can be opposed or even cancelled if they’re confusing, generic, or misleading.

How Do You Register with IPOPHL?

Here’s the simplified process:

1. File an application with IPOPHL.
2. Formality check – IPOPHL makes sure your paperwork is in order.
3. Substantive examination – They review if your mark is distinctive and legally registrable.
4. Publication – Your application is published in the IPO Gazette so others can oppose.
5. Opposition period – Competitors (or anyone affected) can challenge your mark.
6. Registration – If no valid opposition arises, you’ll get a Certificate of Registration.

TM, SM, and ® — What Do They Mean?

• ™ is used for trademarks (before registration).
• SM is used for service marks (before registration).
• ® can only be used once IPOPHL officially registers your mark.
  👉 Using ® without registration is illegal in the Philippines.

Where Copyright Fits In

Sometimes, a design like a logo is automatically protected by copyright law the moment it’s created. But copyright only protects the design as an artistic work—it doesn’t stop others from using a similar logo for business. Registering it as a trademark or service mark gives you that commercial exclusivity.

Why Registration Matters

Registering with IPOPHL gives you:

• Exclusive rights nationwide.
• Legal presumption of ownership, making it easier to win disputes.
• The ability to sue for infringement and claim damages.
• Protection against counterfeiters.
• A basis to apply for international protection under the Madrid Protocol.

📌 Real Case: In Shang Properties Realty vs. St. Francis Development Corp. (2013), the Supreme Court emphasized that registration creates a presumption of ownership. But they also reminded brand owners: continuous use is key. A registered mark can still be cancelled if you don’t actually use it.

Final Thoughts

• A trademark identifies goods.
• A service mark identifies services.
• Both give you exclusive brand protection once registered with IPOPHL.
• Registration doesn’t just protect your business legally—it builds consumer trust and adds real value to your brand.

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