Intellectual property (IP) rights are designed to protect both innovations and creative works. Patents, trademarks, and copyrights each serve different purposes—but in the real world, they often overlap. When that happens, things can get legally complicated.
This is where the guidance of an IPOPHL-accredited patent and trademark attorney becomes incredibly valuable. Let’s break down how these rights work, why they sometimes clash, and how experts can help you navigate the gray areas.
Patents, Trademarks, and Copyright—What’s the Difference?
- Patents give inventors exclusive rights over a new and useful invention. This stops others from making, using, or selling the invention without permission. For example, if you invent a new medical device, a patent ensures competitors can’t just copy it.
- Trademarks protect brand identity—the name, logo, or design that helps customers recognize your product or service. Think of Jollibee’s iconic logo or San Miguel’s distinctive beer label—these are trademarks at work.
- Copyright covers original creative works like books, films, music, software, and even logos when treated as artistic works. In the Philippines, copyright is automatic once the work is created, but registration with IPOPHL is recommended for stronger enforcement.
Each right serves a different purpose, but they can—and often do—intersect.
Where Do These Rights Overlap?
- A Patented Product That’s Also a Brand
Sometimes, the technical features of an invention become part of its identity. For example, a patented zipper mechanism paired with the YKK brand shows how patents (the function) and trademarks (the brand name) work side by side. Copying both could trigger patent and trademark infringement. - Trademarked Brands Using Patented Tech
Imagine a pharmaceutical brand with a catchy name protected as a trademark, but the actual formula is patented. If someone uses the formula without authorization, it’s a patent issue—even if they don’t copy the brand name. - Trademarks Overlapping with Copyright
Logos and packaging can fall under both trademark and copyright. For instance, Jollibee’s mascot isn’t just a trademarked brand character—it’s also protected as a copyrighted artistic work. Copying it could violate both sets of rights.
Why You Need a Patent and Trademark Attorney
When overlaps occur, things can get messy. That’s when a lawyer who understands both patent law and trademark law becomes essential.
They can:
- Analyze your IP portfolio – to spot where overlaps exist and where risks lie.
- Develop a protection strategy – whether through licensing, settlement, or filing infringement claims.
- Represent you before IPOPHL – especially in opposition proceedings, appeals, or even litigation if the case escalates.
For example, if a trademark application is opposed at IPOPHL’s Bureau of Legal Affairs, your attorney can defend it. And if the decision doesn’t go your way, they can take it up to the Court of Appeals or even the Supreme Court.
Choosing the Right Attorney
Not all lawyers are created equal when it comes to IP. Here’s what to look for:
- Experience in both patents and trademarks – Overlaps are tricky, so you’ll want someone who handles both regularly.
- Clear communication – You should be able to understand your options without wading through too much legal jargon.
- Strong network – A good lawyer often works with technical experts, industry consultants, and other specialists to build your case.
Firms like Brealant, Federis, and Hechanova are well-regarded in the Philippines for IP work. Brealant, for example, offers affordable filing support (around PHP 5,000), while larger firms typically charge higher fees.
Final Thoughts
When patents, trademarks, and copyrights overlap, it can be hard to know which law applies—or whether multiple protections kick in at once. The Philippines, through IPOPHL, has clear procedures for handling these disputes, but successfully navigating them requires expertise.
If your invention, brand, or creative work is at risk, don’t leave it to guesswork. A seasoned patent and trademark attorney can help you enforce your rights and protect the value of what you’ve created.
👉 For practical and cost-effective IP support in the Philippines, consider consulting Brealant, a Makati-based law firm specializing in patents, trademarks, and copyrights.
.png)
.png)
