In 3 Simple Steps, Register a Trademark in the Philippines

The Philippines is one of Asia’s fastest-growing economies. With its young, English-speaking workforce and a rapidly expanding middle class, it has become an attractive destination for both local and foreign businesses. More Filipinos now have higher spending power, and demand for everything from fashion and food to tech and online services is booming.

But with growth comes competition. If you’re planning to enter the Philippine market, protecting your brand with a trademark is a must. Without it, you risk copycats, costly legal battles, or even losing the right to use your own brand.

The good news? Registering a trademark with the Intellectual Property Office of the Philippines (IPOPHL) is straightforward if you know the process. Let’s break it down.

Step 1: File Your Application

You can apply for your trademark:

• Online at www.ipophil.gov.ph, or
• In person at IPOPHL’s office in Fort Bonifacio, Taguig City.

What you’ll need:

• Your name and address
• A clear image or sample of your trademark (logo, word, or design)
• A list of the products or services you want to cover

Fees:

• PHP 1,212 (small entities like individuals or MSMEs)
• PHP 2,618 (large entities)

Once submitted, IPOPHL assigns your application a number and does a formality check to ensure everything is in order.

Step 2: IPOPHL Review

After the initial check, your application goes through substantive examination.

• If no issues come up, you’ll receive a Notice of Allowance.
• If IPOPHL finds problems—like your mark being too similar to an existing one—you’ll get a Registrability Report. You’ll have 2 months to respond and argue your case.

If approved, you’ll need to pay publication fees:

• PHP 1,485 (small entities)
• PHP 2,182 (large entities)

Step 3: Publication & Opposition

Your mark will be published in the IPOPHL e-Gazette for 30 days. This gives other parties a chance to oppose if they think your trademark infringes on theirs.

• If there’s no opposition, your application moves forward.
• If there is an opposition, the case is handled by the Bureau of Legal Affairs. Decisions can be appealed all the way up to the Supreme Court if necessary.

Step 4: Registration

If no opposition is sustained, IPOPHL issues your Certificate of Registration. This gives you:

• Exclusive rights to use the trademark in the Philippines
• Legal protection against counterfeiters and copycats
• The right to license or assign your trademark

The registration is valid for 10 years, and you can renew it indefinitely as long as you file a Declaration of Actual Use (DAU) at the required intervals.

Real-World Cases

• Mang Inasal vs. Mag Inasal (2018): The Supreme Court ruled in favor of Jollibee’s “Mang Inasal” trademark, stopping “Mag Inasal” from using a confusingly similar name. This case highlights how even small spelling variations can be considered infringement.
• Philips vs. Remington (ASEAN case): A product shape (razor head) was denied trademark registration because it was considered functional rather than a unique brand identifier. IPOPHL follows the same principle—functional product designs belong under patent or design law, not trademarks.

What About Copyrights?

Aside from trademarks, don’t forget copyright. Copyright automatically protects creative works—like books, music, art, and software—the moment they’re created. But registering your copyright with IPOPHL gives you stronger legal proof if you ever need to enforce your rights. For example, software developers often use copyright registration when filing piracy complaints with enforcement agencies.

Should You DIY or Hire an Agent?

• Filipino applicants: You can file the application yourself, but mistakes are common—especially with descriptions, timelines, or DAU filings.
• Foreign applicants: By law, you must appoint a local agent.

Hiring an IP firm can save you time and stress. Brealant, for example, offers trademark filing assistance for as low as PHP 5,000. Larger firms like Hechanova or Federis are also reputable but usually charge PHP 50,000 or more.

Final Thoughts

Registering a trademark in the Philippines is not complicated—it’s just about following the steps:
File → Review → Publication → Registration.

In three steps, you can secure your brand and protect it for the next 10 years (and beyond).

Your brand is your most valuable asset—don’t wait for copycats to strike before protecting it.

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