How Your Trademark Application Is Processed

Thinking about registering your trademark in the Philippines? Good news—it’s not as intimidating as patenting, and with the right steps, you could have your brand officially protected in less than a year. On average, a straightforward application with the Intellectual Property Office of the Philippines (IPOPHL) takes around 7 to 12 months to complete, provided there are no major hiccups.

Here’s a breakdown of what you need to know, written in plain terms.

1. Before You File: What to Consider

Before jumping in, make a few key decisions:

• Wordmark or Logo? Do you want to protect just your brand name (in plain text), or your logo design as well?
• Already Using the Mark or Planning To? You can apply based on actual use (if you’re already using the mark in trade) or intent to use (if you plan to use it soon).
• Check for Conflicts. A quick knockout search on IPOPHL’s database is worth it—it helps avoid rejections. For example, if you want to register “JUICY BURGER,” but “JUICY BURGERS” is already on record, IPOPHL will likely reject your application for being too similar.

👉 Tip: Descriptive names like “FRESH MILK” for dairy won’t fly. But something creative like “MILKJOY” is much stronger.

2. Filing and Examination

Once you file your application, IPOPHL gives you an application number.

1. Formality Check – IPOPHL makes sure your paperwork is in order.
2. Substantive Examination – An examiner checks if your mark is registrable. They’ll look at two things:
   • Absolute grounds (is the mark too generic or descriptive?).
   • Relative grounds (is it too similar to an existing registered mark?).

If the examiner spots issues, IPOPHL issues an Office Action. You’ll then have about 2 months (with possible extensions) to respond.

Real-World Example: The mark “Del Monte” was upheld by the Supreme Court (G.R. No. 78325) because it had acquired distinctiveness through long use. This shows how powerful consistent branding can be when facing challenges.

3. Publication and Opposition

If your application clears examination, it’s published in the IPOPHL E-Gazette for 30 days.

• During this time, anyone who thinks your mark conflicts with theirs can file an opposition.
• If an opposition is filed, the case is heard by IPOPHL’s Bureau of Legal Affairs (BLA).

Example: In the Shangri-La Hotels case, IPOPHL ruled in favor of the famous hotel chain when a local developer tried to register a similar mark, citing a high chance of confusion.

If no one opposes—or if the opposition is dismissed—your application moves forward.

4. Registration and Renewals

When approved, IPOPHL issues a Certificate of Registration.

• You’ll need to file a Declaration of Actual Use (DAU) in the 3rd year.
• After that, renew your trademark every 10 years to keep it alive.

Trademarks can technically last forever, as long as you keep using them and renewing them.

5. Costs to Expect

The total cost depends on a few things, like the number of classes and whether you use an agent:

• IPOPHL official filing fees: around ₱2,000–₱3,000 per class.
• Professional agent fees:
  • Brealant Inc. (Makati) – as low as ₱5,000 per class.
  • Federis or Hechanova – can go ₱50,000+, especially if there are oppositions or complex issues.

If you’re filing under Intent-to-Use, you’ll also need to pay when you later file your DAU with specimen proof of use.

6. Timeline

• Use-based application: ~ 7–12 months if everything goes smoothly.
• Intent-to-Use application: longer, since you’ll need extra time to show proof of use.

7. Copyright Overlap

Some brand assets can enjoy double protection. For example:

• A stylized logo (like Jollibee’s mascot) is protected as both:
  • A trademark (as a source identifier), and
  • A copyrighted artistic work.

This dual layer of protection strengthens enforcement against copycats.

✅ Key Takeaway

Registering your trademark with IPOPHL is straightforward if you plan ahead. Think of it as a step-by-step journey:

Pre-filing checks → Application → Examination → Publication → Opposition → Registration → Renewal.

The best way to avoid costly rejections is to choose a distinctive mark and, ideally, consult with a trademark agent who knows the system. With the right strategy, you’ll secure strong protection for your brand in the Philippines that can last a lifetime.

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