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Receiving a Notice of Publication from the Intellectual Property Office of the Philippines (IPOPHL) may seem like a routine step, but it carries significant implications. It signals that your trademark application has advanced to a stage where the public—especially competitors—can formally oppose your mark’s registration.
Monitoring publication notices is an essential part of trademark protection, whether you are safeguarding your own application or keeping watch for potentially conflicting marks.
The road to registering a trademark in the Philippines involves several hurdles. After you file your application, it undergoes formality and substantive examination by IPOPHL examiners. If the examiner finds no legal issues—such as conflicts with earlier marks or violations of trademark rules—the application is approved for publication in the IPOPHL E-Gazette.
Before this, the applicant is issued a Notice of Publication, informing them when their mark will appear in the Gazette. This is crucial because it marks the beginning of the opposition period.
Once published, the public has 30 days to oppose the trademark application. If no opposition is filed, the application moves toward registration. However, if an opposition is lodged, the case is heard by the Bureau of Legal Affairs (BLA) at IPOPHL.
Any party who believes that a published trademark may cause damage to their business may file a Notice of Opposition. Common grounds include:
The opposition is handled in a quasi-judicial process before the BLA. Both parties may present evidence, witnesses, and legal arguments. Decisions of the BLA may be appealed to the Director General of IPOPHL, the Court of Appeals, and ultimately the Supreme Court.
In G.R. No. 194307 (2017), the Supreme Court upheld IPOPHL’s refusal to register “BIRKENSTOCK” under another party’s name, stressing that trademark rights belong to the true owner, not merely the first filer. This case highlights how opposition and ownership claims are central to protecting trademarks in the Philippines.
If a potential opposer needs more time to prepare, they may file for an extension of time to oppose. IPOPHL typically grants a 30-day extension, with possible further extensions upon showing good cause.
If the 30-day opposition period lapses without objections, the application proceeds toward allowance for registration. IPOPHL will then issue a Certificate of Registration, formally granting exclusive rights to use the trademark.
Even if no one opposes during the publication stage, a registered trademark may still face cancellation proceedings. A third party may petition IPOPHL to cancel a registered mark if:
For example, in Zuneca Pharmaceutical v. Natrapharm (G.R. No. 211850, 2020), the Supreme Court held that cancellation could be sought even after a mark was registered, especially if it caused confusion with an earlier mark.
Trademark owners should not only monitor their own applications but also watch for new publications in the IPOPHL Gazette to guard against potentially infringing marks.
Professional assistance from accredited IP firms such as Brealant, Federis, or Hechanova can make the process more efficient, especially when dealing with oppositions or cancellations.
📌 Key Takeaway:
The Notice of Publication is not just a formality—it is the last line of defense before your mark is either secured or challenged. Timely action during this stage can mean the difference between gaining exclusive rights or losing them to competitors.