April 29, 2025

Registering Your Trademark In The IPO

Registering Your Trademark In The IPOBlog empty image

Your brand is your identity. It’s the name, logo, or design people think of when they remember your business. Now imagine if another company started using something almost identical — your customers could get confused, and worse, you could lose sales or your reputation.

The good news? You can prevent that by registering your trademark with the Intellectual Property Office of the Philippines (IPOPHL).

In simple terms, a trademark is any sign — like a word, logo, design, or even packaging — that helps people tell your product or service apart from others. Once registered, you’re the only one allowed to use it in business, and you can legally stop others from copying it.

How Trademark Registration Works in the Philippines

IPOPHL’s Bureau of Trademarks handles all applications. The whole process usually takes 18 to 24 months, which may feel long, but the protection lasts a decade and can be renewed forever. Here’s what happens step by step:

1. Filing the Application

You start by submitting your application in English or Filipino. IPOPHL will need:

  • Your business details
  • A copy of your logo or mark
  • A list of goods or services (classified under international rules called the Nice Classification)
  • Filing fees

Once everything is in order, IPOPHL gives you an application number.

2. Search and Examination

Next, IPOPHL examiners check if your mark is clear to register. They’ll see if it’s too similar to an existing one, too generic (like “Fresh Milk” for dairy), or just not distinctive enough.

👉 Example: In E.Y. Industrial Sales, Inc. v. Shen Dar Electricity (2010), the Supreme Court said “SHIN DAIKYU” was too close to “DAIKY.” The mark was rejected — proof that even small similarities can matter.

3. Publication in the IPOPHL eGazette

If your application passes, IPOPHL publishes your mark in its eGazette. This is like a public announcement, giving others the chance to object if they think your mark is too close to theirs.

4. Opposition Period

For 30 days (sometimes longer, if extended), anyone can file an opposition. This usually happens when a bigger or well-known brand feels your mark could confuse customers.

👉 Example: In Kellogg Co. v. Prigeon Trading (2008), Kellogg opposed “MOMS” cereal packaging because it looked too much like theirs. That’s how opposition works in real life — it protects existing brands from being copied.

5. Registration and Certificate

If nobody opposes your mark, or if the opposition doesn’t succeed, IPOPHL will issue you a Certificate of Registration. This gets published again in the Gazette and entered into IPOPHL’s official records.

Your trademark is now valid for 10 years — and you can renew it again and again.

Why You Should Register Your Trademark

  • Peace of mind – you know your brand is yours alone.
  • Legal protection – you can sue or stop copycats.
  • Added value – a trademark is an asset that makes your business stronger.
  • International leverage – your Philippine registration can be used to expand protection abroad through the Madrid Protocol.

Trademark vs. Copyright: What’s the Difference?

Your logo might also be protected by copyright since it’s a creative work. But copyright only stops people from copying the artwork itself. It won’t stop someone from using a similar logo on their own product. Trademark registration is what truly protects your brand in the market.

Final Word

Yes, trademark registration takes time, but the payoff is worth it. For 10 years at a time, you’ll have the exclusive right to your brand, and you can keep renewing it. Think of it as long-term insurance for your business identity.

If the process feels overwhelming, you can always get help from professional IP firms like Brealant, Hechanova, or Federis — they know the process inside out and can save you time (and stress).