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A company’s presence—both online and in the marketplace—is central to its identity and long-term success. A strong brand builds trust among customers, suppliers, partners, and employees. One of the most effective ways to protect this identity is through trademark registration with the Intellectual Property Office of the Philippines (IPOPHL).
A trademark gives a business exclusive rights to use its brand name, logo, or other distinctive identifiers. Since the Philippines follows a “first-to-file” system, registration is critical. Even if you have been using a brand name for years, another company could register it first if you haven’t done so. This means you could lose rights to your own name, as happened in Shang Properties Realty Corp. v. St. Francis Development Corp., where conflicting claims over the “St. Francis Towers” mark showed how crucial timely registration is.
Once registered, a trademark gives you legal remedies to prevent others from copying or profiting from your reputation. It also serves as a valuable business asset that can grow in value over time. Investors often view registered IP rights as proof of brand stability, while customers tend to stay loyal to trusted and legally protected names.
Recent studies, even in the Philippines, show start-ups increasingly choosing simple, descriptive names (e.g., “Quick Loans PH,” “Manila Delivery Express”) instead of more unique, invented words. The advantage is instant recognition—customers know immediately what the business does.
But legally, this trend comes with risks. IPOPHL may refuse registration of marks that are “merely descriptive” of the goods or services. For example, an attempt to register “JUICE” for fruit beverages would likely fail, since the word directly describes the product. Distinctiveness is key: coined or arbitrary terms (“Nike,” “Kodak”) are stronger and more defensible in the long run.
Some words once protected as trademarks later became generic terms and lost protection. Internationally, examples include “Aspirin” and “Thermos.” In the Philippines, “Tanduay” has consistently fought off attempts at genericization by aggressively enforcing its rights, showing the importance of brand vigilance.
While trademarks protect brand identifiers, copyright safeguards original creative works—such as advertising designs, website layouts, product manuals, jingles, and even software. A start-up with unique brand visuals and content should register its copyright with IPOPHL to ensure broader protection.
For example, a restaurant chain not only trademarked its name and logo but also copyrighted its original menu design and promotional photos. This dual protection strategy helps stop both brand imitators and content thieves online.
Registering a trademark in the Philippines follows a structured IPOPHL process:
If a mark is refused, the applicant may appeal to the Bureau of Legal Affairs, then to the IPOPHL Director General, and ultimately to the Court of Appeals and the Supreme Court.
In Philips Export B.V. v. Court of Appeals, the Court held that “Philips” was distinctive enough to deserve protection in the Philippines. By contrast, marks consisting only of descriptive words (like “Best Milk”) have been routinely rejected. This highlights the importance of branding strategy from day one.
A registered mark must still be used properly to avoid cancellation. If a trademark owner does not use the mark for three consecutive years, IPOPHL may declare it abandoned. Businesses must also police the market and online platforms to stop infringers.
Start-ups may find descriptive names easier to market, but distinctive names are legally stronger under IPOPHL rules. Pairing trademark registration with copyright protection ensures that both your brand and creative assets are shielded from misuse. For entrepreneurs in the Philippines, taking these steps early secures your brand identity and helps build long-term business value.