Reasons for Trademark Application Rejection

In the Philippines, the main law on trademarks is the Intellectual Property Code (Republic Act No. 8293, as amended). On top of this, the Trademark Regulations of 2017 (IPOPHL Memorandum Circular 17-010) lay out the step-by-step rules for applying and getting your mark registered.

Unlike in some countries where just using a brand can give you rights, the Philippines follows a first-to-file system. This means the person who files first with the Intellectual Property Office of the Philippines (IPOPHL) gets the legal protection.

That said, even marks that aren’t registered in the Philippines can still be protected if they are considered well-known internationally or locally, in line with WIPO and the Paris Convention.

Why Trademarks Get Rejected

Not every brand name or logo can be registered. IPOPHL examines applications and can refuse them based on absolute grounds (what the mark itself looks or means) or relative grounds (if it clashes with another mark).

1. Absolute Grounds

Your trademark can be rejected if it:

• Is immoral, offensive, or misleading.
• Uses national symbols like the Philippine flag or coat of arms (or those of another country).
• Shows the name or image of a living person without their permission.
• Is just the shape of a product or its packaging if that shape is dictated by function.
• Is only a color with no special design.
• Goes against public order or morality.

👉 Real-world example: A local applicant once tried to register “Froot Loops”, but the Supreme Court sided with Kellogg’s (the original owner), recognizing its international reputation as a well-known mark.

2. Relative Grounds

Your mark may also be rejected if it:

• Is too similar to an already registered mark.
• Is identical or confusingly similar to a well-known international mark, even if not registered in the Philippines.
• Could mislead the public about the quality, nature, or origin of the product.
• Is generic, descriptive, or just a term commonly used in trade.

👉 Real-world example: In Zuneca Pharmaceutical v. Natrapharm, Inc., the Supreme Court ruled that ZYNAPS was confusingly similar to ZYNAPSE, stressing that in the pharmaceutical industry, even slight confusion can risk public health.

When a Generic Mark Can Still Be Registered

Sometimes a mark that looks “too descriptive” can still be protected if it gains distinctiveness over time. In Philippine law, using a mark exclusively and continuously for five years can be enough proof that the public now sees it as your brand, not just a common word.

👉 For example, a plain word like “Fresh” might be rejected at first for bottled water, but if the company can prove five years of heavy marketing and exclusive use, IPOPHL may allow it.

The Bigger Picture: ASEAN and Global Rules

The Philippines doesn’t operate in isolation. IPOPHL examiners also look at ASEAN Common Guidelines and international practices under WIPO when checking for distinctiveness and well-known marks. This helps keep local trademark rules in line with global standards.

Key Takeaways

• File early—because the Philippines is first-to-file, not first-to-use.
• Avoid symbols, national flags, or names without consent.
• Don’t rely on generic or descriptive words unless you can prove long and exclusive use.
• Be careful of confusingly similar marks, especially in sensitive industries like medicine.

If your application gets refused, you’re not out of options. You can respond to IPOPHL’s office actions, file an appeal, or even elevate your case to the Court of Appeals and, eventually, the Supreme Court.

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