Why Is the Trademark Registration Essential For Your Startup?

Starting a business is exciting—you finally have that big idea, a catchy name, and maybe even a logo you’re proud of. You put in long hours building your brand, designing marketing materials, and getting the word out.

But imagine this: just as things are taking off, you receive a letter telling you to stop using your company name because someone else already owns the rights to it. Suddenly, you’re forced to rebrand, redo all your designs, and possibly even face legal costs.

This situation happens more often than you’d think, and it can be devastating for a young company. The good news? It’s completely avoidable if you take steps to protect your intellectual property (IP) early on with the Intellectual Property Office of the Philippines (IPOPHL).

What You Can Trademark

A lot of startups assume that trademarks only apply to company names, but IPOPHL actually protects much more:

• Your Business Name – This is your identity. Without a trademark, a competitor could use a similar name and confuse your customers. Case in point: In the McDonald’s vs. Big Mak case, the Supreme Court recognized the likelihood of confusion between “Big Mac” and “Big Mak.” Protecting your company name avoids this kind of headache.
• Product or Service Names – If you’re offering a product with a unique name, trademark it. Think about how people recognize “Chickenjoy” from Jollibee or “iPhone” from Apple—it’s not just a product, it’s a protected brand.
• Logos – A logo is often the first thing people associate with your business. Without protection, someone else could create something similar. For example, Nike’s “Swoosh” is globally protected, which is why no one else can legally use anything close to it in the same industry.
• Slogans and Taglines – Catchy marketing lines can also be trademarked. Locally, “Langhap-Sarap” by Jollibee is a registered trademark, just like McDonald’s global “I’m lovin’ it.”

Why Startups Should Register a Trademark

Here’s why registering a trademark with IPOPHL should be one of your first business moves:

1. It Builds Recognition – Customers know and trust your brand, and a trademark makes sure only you can use it.
2. It Attracts Talent and Investors – A registered trademark shows that you’re serious about your business. Investors and employees alike see it as a sign of stability and long-term vision.
3. It Prevents Legal Problems – Without a trademark, you risk lawsuits or being forced to rebrand. In Zuneca v. Natrapharm, the courts emphasized how critical it is to protect brand names in industries where consumer safety and trust are on the line.
4. It Lasts Forever (Almost) – In the Philippines, trademarks last 10 years and can be renewed indefinitely. Big brands like Pampers and Coca-Cola have stayed relevant for decades thanks in part to strong trademark protection.
5. It Becomes a Business Asset – Trademarks grow in value as your company grows. They can be franchised, licensed, or even sold.
6. It Shows You Mean Business – A trademark tells the world—and your competitors—that you’re not just experimenting, you’re building something worth protecting.
7. It Gives You Breathing Space in a Crowded Market – Startups face tough competition. Having a registered mark makes it harder for imitators to ride on your success.

Don’t Forget About Copyright

Trademarks aren’t the only protection you need. Copyright automatically covers your creative work—like your website design, promotional materials, jingles, or software.

But if you register your copyright with IPOPHL, you’ll have stronger legal backing in case of disputes.

Example: In the ABS-CBN v. Gozon case, copyright ownership of TV footage was key in proving infringement. For startups creating digital content, copyright is just as important as trademarks.

How Trademark Registration Works with IPOPHL

The process usually looks like this:

1. File Your Application – IPOPHL checks if all documents are complete.
2. Examination – IPOPHL examines if your mark is unique and not confusingly similar to existing marks.
3. Publication – Your mark gets published in the IPO Gazette for possible opposition.
4. Registration – If no one successfully objects, IPOPHL issues your Certificate of Registration.

Final Thoughts

Registering your trademark early saves you from future headaches. It protects your brand identity, keeps you legally secure, and makes your startup more attractive to partners, employees, and investors.

If you’re a Philippine resident, you can file directly with IPOPHL—but many startups choose to work with an IP agent for guidance. Brealant offers cost-effective filing support (around PHP 5,000), while bigger firms like Federis and Hechanova also provide expert services, though at higher fees.

👉 Bottom line: Protect your brand now, so you can focus on growing your business later.

contact our expert.