Trademark Agreement - The Law To Preserve And Facilitate Creativity

From the Renaissance in Europe to today’s digital age, one thing hasn’t changed: people continue to create, invent, and innovate. With every new idea comes the challenge of keeping it safe from copycats. That’s where intellectual property (IP) comes in.

Here in the Philippines, the Intellectual Property Office of the Philippines (IPOPHL) is the government body that makes sure your creations—whether it’s a brand, a product, or a piece of art—get the legal protection they deserve.

Why Trademarks Matter

Think about the last time you bought coffee, shoes, or even loaded your phone with data. Chances are, you recognized the brand instantly—whether it was Starbucks, Nike, or Globe. That’s the power of a trademark.

A trademark isn’t just a logo or a name. It’s your brand’s identity, the thing that sets you apart from competitors. When you register your trademark with IPOPHL, you don’t just protect a word or a symbol—you protect the reputation and trust you’ve built with your customers.

What You Can Trademark

Almost anything that makes your brand recognizable can be registered, such as:

• Product Names – like Jollibee Chickenjoy
• Business Names – San Miguel Corporation
• Celebrity Names – Manny Pacquiao has protected his name
• Abbreviations – PLDT
• Logos & Symbols – the SM Supermalls logo
• Taglines – Globe’s “Atin ang Mundo”
• Colors & Sounds – unique colors, jingles, or tunes that people associate with your brand

Some are straightforward, others—like colors and scents—are harder to prove, but they’re still possible if they’re distinctive enough.

Why Registration is Worth It

Registering a trademark is one of the smartest investments you can make in your business. Here’s why:

• Exclusive Rights – Only you can use your mark.
• Stronger Legal Protection – You can sue anyone who tries to copy or imitate it.
• Business Growth – Trademarks can be sold, franchised, or licensed.
• Customer Trust – A registered brand feels more credible.
• Peace of Mind – You won’t have to worry about losing your brand identity.

💡 Example: In Levi Strauss v. Clinton Apparelle (2005), the Supreme Court sided with Levi’s and protected its famous stitching design from being copied by a local brand. That’s the real-world value of having a registered trademark.

The IPOPHL Registration Process

Here’s how trademark registration works in the Philippines:

1. File an application – either online or through an accredited IP agent.
2. Formality check – IPOPHL reviews if your documents are complete.
3. Examination – IPOPHL checks if your mark is unique and not too similar to existing ones.
4. Publication – Your mark is posted in the IPO Gazette so others can see it.
5. Opposition period – For 30 days, anyone who thinks your mark infringes on theirs can oppose it.
6. Approval – If there’s no opposition (or you win against one), you get a Certificate of Registration, valid for 10 years and renewable indefinitely.

💡 Example: In Shang Properties v. St. Francis Development (2017), a dispute over the “St. Francis” name went all the way to the courts, showing just how important the opposition stage can be.

Understanding Trademark Classes

Trademarks are divided into 45 classes, which group goods and services into categories. Choosing the right class is crucial because your rights only apply within that category.

Some common ones include:

• Class 9 – electronics and software
• Class 25 – clothing and shoes
• Class 35 – business and advertising services
• Class 41 – education and entertainment

If your business spans multiple industries, you’ll need to file under more than one class.

What About Copyright?

Unlike trademarks, copyright automatically exists the moment you create something original—like a book, a song, a film, or even software.

But registering your copyright with IPOPHL makes it easier to prove ownership if someone copies your work.

💡 Example: In Ching v. Salinas (2007), the Supreme Court upheld the copyright of a Filipino novelist, stopping the unauthorized use of her work.

The Bottom Line

Your brand and creations are valuable assets. Registering them with IPOPHL protects you from imitators, builds consumer trust, and adds long-term value to your business.

If you’re a foreign applicant, Philippine law requires you to hire a local IP agent. If you’re a local applicant, you can file on your own—but working with experienced firms like Brealant, Hechanova, or Federis can save you time, money, and costly mistakes.

In short: protect what you create. Your future self will thank you.

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