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In the Philippines, trademark protection works on a first-to-file basis. This means that the person or company who files their application first at the Intellectual Property Office of the Philippines (IPOPHL) is usually recognized as the rightful owner of the mark.
Even if you’ve been using a brand name or logo for years, if someone else files for it before you, they could end up with the registration. That’s why acting early is so important. Of course, if the filing was done in bad faith, you can challenge it—but it’s always easier to file first than to fight later.
The rules are set out in the Philippine Intellectual Property Code (RA 8293, amended by RA 10372). Once registered, you get the exclusive right to use your trademark and stop others from using anything confusingly similar.
Anyone can apply—whether you’re an individual entrepreneur or a company. But if you’re based abroad, you’ll need a local agent in the Philippines to handle the paperwork and receive legal notices.
When you file, IPOPHL will ask for:
After filing, IPOPHL checks your application. If there are issues, you’ll receive an office action explaining why the mark can’t be registered as is. You’ll then have two months (extendable by another two months) to reply.
If IPOPHL accepts your application, it gets published in the IPOPHL Gazette. This is where anyone who feels your mark conflicts with theirs can file an opposition within 30 days (extendable up to 90 days). If no one opposes, you’ll be granted your Certificate of Registration.
In straightforward cases, the process usually takes 6 to 12 months.
Here’s something many first-time applicants miss: you must submit a Statement of Actual Use (SAU) within three years of filing. This proves your trademark is actually being used in business in the Philippines. Forgetting this step can get your registration cancelled.
Trademark infringement isn’t just about copying a logo. It also covers using names, packaging, or designs that are so similar they could confuse customers.
For example, in the Supreme Court case Emerald Garment v. Court of Appeals (1995), the Court said that even small differences don’t matter if the dominant feature of a mark is copied. That’s why changing just one letter or adding a small design won’t save you from infringement claims.
If someone uses your mark without permission, you can file:
Unfortunately, some people file marks they don’t intend to use—just to block the real brand owner. This is called trademark squatting. While there isn’t a separate law against it, genuine owners can fight back through opposition, cancellation, or infringement cases.
Online, the problem is cybersquatting—where someone registers a domain name similar to your brand in bad faith. Under the Cybercrime Prevention Act of 2012 (RA 10175), this is a criminal offense. Penalties include 6 to 12 years in prison and hefty fines.
👉 Bottom line: Registering your trademark with IPOPHL is one of the smartest investments you can make for your business. It’s not just about a logo—it’s about protecting your reputation, your customers, and the goodwill you’ve built.