State Trademark Or Federal Trademark: Which One Is Right For You?

If you’re planning to build and protect your brand in the Philippines, one of the first questions you’ll face is where to register your trademark. Many entrepreneurs confuse business name registration with actual trademark registration, but the two are very different.

In the Philippines, you have two main options:

1. Register your business name with the Department of Trade and Industry (DTI) for sole proprietors or the Securities and Exchange Commission (SEC) for corporations and partnerships.
2. Register your trademark with the Intellectual Property Office of the Philippines (IPOPHL).

Here’s the big difference: a DTI or SEC registration only gives you the right to use a business name. It doesn’t give you exclusive ownership of the brand. If you really want to stop others from copying or using something confusingly similar to your brand, you’ll need to register with IPOPHL.

DTI/SEC Business Name Registration

This type of registration is relatively cheap and straightforward.

• Fees: Around ₱200 to ₱2,000, depending on whether you want your name protected in your barangay, city, region, or nationwide.
• Protection: Very limited — it only allows you to legally operate under that name. It does not stop others from using a similar mark for their products or services.
• Common Law Rights: If you’ve been using your brand in commerce, you technically gain some basic rights, but proving ownership in court without IPOPHL registration is tough.

So, while this step is essential for setting up your business legally, it’s not a substitute for trademark protection.

IPOPHL Trademark Registration

If you want your brand secured, IPOPHL is the way to go. Here’s how the process works:

1. File your application with IPOPHL. You’ll need your name, a clear copy of your logo or word mark, a list of goods/services, and the filing fee (₱1,200–₱1,800 per class for small businesses).
2. Formality Examination – IPOPHL checks if you’ve submitted the required documents.
3. Substantive Examination – IPOPHL examines if your mark is distinctive and not confusingly similar to existing marks.
4. Publication – Your mark is published in the IPO Gazette. Other parties have 30 days to oppose it.
5. Registration Certificate – If no one opposes (or if you win the opposition), IPOPHL issues your certificate. This gives you 10 years of protection, renewable indefinitely.

Why IPOPHL Registration is Worth It

• Exclusive nationwide rights – No one else can legally use a confusingly similar mark.
• You can use ® – Only registered marks can use the ® symbol. Until then, you can use ™ (trademark) or ℠ (service mark).
• Easier enforcement – In case of infringement, you can file a case before the Bureau of Legal Affairs (BLA) or even escalate it to higher courts.
• Stronger in court – A certificate of registration creates a presumption that you are the rightful owner.
• Border protection – You can ask the Bureau of Customs to block counterfeit imports.
• International expansion – If you want to go global, IPOPHL registration can be the basis for applying abroad through the Madrid Protocol.

Real-World Cases

• McDonald’s vs. Big Mak (2004): The Supreme Court ruled that “Big Mak” was confusingly similar to “Big Mac,” favoring McDonald’s. This shows how registration helps stop copycats.
• E.Y. Industrial Sales vs. Shen Dar (2010): The Court made it clear that ownership comes from registration, not just use. This case is a reminder that relying only on business use without IPOPHL protection is risky.

What About Copyright?

Sometimes your logo or brand design may also be protected by copyright as an original artistic work. Copyright protection applies automatically once you create something original. However, copyright alone won’t stop someone from using a confusingly similar mark in trade. That’s why trademark registration is still essential — it covers your mark in the commercial space.

Which One Should You Choose?

• If you just need a business name for permits → DTI/SEC registration is enough.
• If you want to protect your brand nationwide → IPOPHL registration is the right choice.
• If you’re planning to expand abroad → start with IPOPHL, then use the Madrid Protocol.

👉 Many entrepreneurs choose to work with IP professionals for this. Firms like Brealant (with affordable filing services starting at around ₱5,000) can help guide you through the IPOPHL process, while bigger firms like Hechanova and Federis are also available for more complex cases.

✅ Bottom line:
DTI gives you a business name. IPOPHL gives you brand ownership. If you’re serious about your brand, IPOPHL registration is the best investment you can make.

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