Trademark search in the Philippines

Before you launch a brand, one of the smartest things you can do is run a trademark search. Think of it as a quick background check for your business name, logo, or tagline. It tells you if someone else already owns the rights to it—and can save you from bigger problems down the road.

When you search the IPOPHL (Intellectual Property Office of the Philippines) database, you’ll find:

• Who already applied for the same or a similar trademark.
• The filing date and application number.
• The trademark class (the category of goods or services) it falls under.
• The status of the application—whether it’s registered, opposed, abandoned, or still pending.

When Should You Do a Trademark Search?

A trademark search isn’t something you do once and forget. It’s a tool you should keep in your business toolkit. Here’s when it’s especially important:

1. Before You File an Application

If you’re planning to register your mark, checking first can save you wasted effort. Filing without checking is like walking into a room blindfolded—you might crash into someone else’s rights.

Take the case of McDonald’s v. MacJoy (G.R. No. 166115, Feb. 2, 2007). The Supreme Court ruled in favor of McDonald’s, finding MacJoy’s mark too close for comfort. If MacJoy had done a careful search beforehand, they might have avoided years of litigation.

2. When Expanding Your Business

Launching new products or entering new markets? A search lets you see if other businesses are already circling similar names or logos.

3. For Ongoing Brand Protection

Even after registration, it’s good practice to monitor the IPOPHL database. If a confusingly similar mark appears during publication in the IPO Gazette, you can file an opposition through the Bureau of Legal Affairs within 30 days.

Why Work With Professionals?

Sure, anyone can hop on IPOPHL’s website and do a basic search. But professional help goes a lot deeper:

• They don’t just check identical words—they look for confusing similarities in spelling, sound, or meaning.
• They know how to filter searches so you don’t get buried in irrelevant results.
• They give you updates quickly, so you can act before a conflict grows.
• They use specialized tools that catch visual or phonetic similarities most people miss.

Real Example in the Philippines

In Yakult v. Yakult Light (BLA Case No. 14-2015-00118), IPOPHL ruled that “Yakult Light” was too close to “Yakult,” since both were milk-based drinks under the same class. A solid trademark search before filing could have predicted this outcome and saved the applicant from rejection.

Local vs. Foreign Applicants

• Local business owners can file on their own, but the process has many technical details. Mistakes—like filing under the wrong class—can delay or even ruin your application.
• Foreign applicants must, by law, appoint a local agent to represent them before IPOPHL.

That’s why many businesses choose to work with professionals like Brealant, Federis, or Hechanova. For example, Brealant offers straightforward, budget-friendly filing assistance starting at around PHP 5,000, while larger firms often charge over PHP 50,000.

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