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Building a brand isn’t just about a catchy name or a nice logo. Over time, your customers begin to recognize your business through the words, images, and designs you consistently use. These become part of your identity — and that’s exactly what a trademark protects.
In the Philippines, trademarks are governed by the Intellectual Property Code (RA 8293) and handled by the Intellectual Property Office of the Philippines (IPOPHL). Registering your mark ensures you have exclusive rights to use it and gives you legal protection against copycats or competitors trying to ride on your reputation.
Before anything else, check IPOPHL’s eSearch Plus database to see if your desired mark is already taken. If a mark is too similar to yours and is used for the same type of goods or services, your application may be denied.
👉 Case in point: In Zuneca Pharmaceutical v. Natrapharm (2018), the Supreme Court ruled that registration, not just prior use, determines ownership. That means whoever files and secures a registration first generally gets the legal advantage.
When you’re ready, you’ll need to submit:
If you’re a foreign applicant, you’ll need to appoint a Philippine-based agent, like Brealant (Makati), to represent you. If you’re local, you can file on your own — but many businesses prefer to hire an agent to avoid delays and costly mistakes.
IPOPHL first checks if your documents are complete. If everything is in order, you’ll be assigned an application number and filing date. If something’s missing, IPOPHL will ask you to correct it.
Next, IPOPHL examiners look at whether your mark is registrable. Marks that are too generic, descriptive, misleading, or confusingly similar to an existing one can be refused.
If there’s an issue, you’ll receive an examiner’s report (office action) and get a chance to argue or amend your application.
If your application passes examination, your mark will be published in the IPOPHL e-Gazette. This opens a 30-day window for other parties to oppose it if they believe it conflicts with their rights.
👉 Example: In Birkenstock Orthopaedie GmbH v. Philippine Shoe Expo (2013), the Supreme Court sided with the German brand and blocked a local company from registering “BIRKENSTOCK,” preventing customer confusion.
If no one opposes (or if an opposition is dismissed), IPOPHL issues your Certificate of Registration. This grants you protection for 10 years, renewable indefinitely as long as you continue using the mark.
Many logos, labels, and designs aren’t just trademarks — they’re also considered copyrighted works. This means you can have dual protection, both under copyright law (as an artistic work) and under trademark law (as a business identifier). This makes enforcement stronger if someone tries to copy your brand.
Planning to expand abroad? Since the Philippines is a member of the Madrid Protocol, you can file an international application through IPOPHL and designate multiple countries at once, saving time and costs.
✨ In short: A trademark isn’t just a legal formality. It’s your brand’s shield, protecting the reputation and trust you’ve built with your customers.