Trademark Registration

• Word marks (e.g., brand names)
• Figurative marks (e.g., logos)
• Slogans (if distinctive)
• Composite marks (combining text and images)
• Color marks (when used distinctively)
• Three-dimensional marks (shapes of products or packaging)
• Position marks (specific placement of a mark on a product)
• Hologram marks
• Motion marks (animated designs)
• Collective marks (used by members of an association to indicate origin or quality)

These are all visually perceptible and can be registered provided they are distinctive and not barred by other grounds.

Non-Registerable Marks:
Marks that are not visually perceptible—such as:

• Sound marks
• Smell marks
• Touch marks
• Taste marks

—cannot currently be registered in the Philippines as trademarks, due to the requirement for visual perceptibility under the IP Code and current implementing rules.

What Signs or Identifiers Cannot Be Registered as Trademarks in the Philippines?

Under the Intellectual Property Code of the Philippines, a trademark cannot be registered if it falls under any of the absolute or relative grounds for refusal. The following designations are not allowed:

Absolute Grounds  

A mark is not registrable if it:

• Is immoral, deceptive, or scandalous, or discredits or falsely suggests a connection with persons (living or deceased), institutions, beliefs, or national symbols.
• Consists of or closely resembles the Philippine flag, coat of arms, or other official emblems of the Philippines or any other nation or subdivision.
• Uses the name, portrait, or signature of a living person without written consent, or of a deceased President of the Philippines without the surviving spouse’s written consent during their lifetime.
• Is likely to mislead the public regarding the nature, quality, characteristics, or geographical origin of the goods or services.
• Consists solely of:

• Generic terms for the goods/services.
• Customary signs used in everyday language or established trade practices.
• Descriptive terms indicating kind, quality, quantity, intended purpose, value, origin, or production details.
• Shapes dictated by technical necessity or intrinsic product features.
• Color alone, unless defined by a specific form.

• Is contrary to public order or morality.

Relative Grounds  

Registration is also prohibited if the mark:

• Is identical or confusingly similar to an earlier registered mark or pending application for:

• The same goods or services,
• Closely related goods or services,
• Or is likely to deceive or cause confusion.

• Is identical or similar to a well-known mark, even if unregistered in the Philippines, especially if:

• Used for identical or similar goods/services,
• Or for unrelated goods/services if it creates a misleading connection and damages the interests of the well-known mark owner.

Exception: Acquired Distinctiveness  

A mark may still be registered—even if it falls under some absolute grounds—if it has acquired distinctiveness through use in commerce. This can be proven by showing substantially exclusive and continuous use of the mark in the Philippines for at least five years prior to the claim.

• In today’s competitive market, a company’s reputation often stands as its most valuable asset. A trademark plays a crucial role in helping consumers recognize your brand and understand what it represents. Once your reputation is established, your trademark signals to customers that they can expect consistent quality in your products or services.
• Because of this, a trademark becomes a powerful tool for maintaining and growing your market presence—especially when expanding through licensing or franchising. Therefore, it is essential to protect your trademark and ensure it remains exclusively linked to your business.
• In the Philippines, trademarks, service marks, patents, and other intellectual assets are protected under the Intellectual Property Code. To secure these rights, you must register your trademark with the Intellectual Property Office of the Philippines (IPOPHL).

Registering your trademark in the Philippines provides several key benefits, particularly under the legal framework of the Intellectual Property Code (Republic Act No. 8293). Here’s why you should register your trademark:

1. Exclusive Rights
   Registration gives you the exclusive right to use your mark on the goods or services for which it is registered. This helps prevent others from legally using a similar mark that may confuse consumers.
2. Legal Protection and Enforcement
   A registered trademark is easier to enforce in court or before the Intellectual Property Office of the Philippines (IPOPHL). It serves as prima facie evidence of ownership and the right to use the mark nationwide.
3. Market Advantage and Brand Recognition
   Trademarks help establish brand identity and consumer trust. Registration adds legitimacy and can enhance your marketing position and commercial reputation.
4. Right to License or Franchise
   You can license your trademark or include it in franchise agreements, providing new income streams and expanding your business reach.
5. Deters Imitators
   A registered trademark is published in the IPOPHL Gazette, which puts others on public notice and helps deter copycats from attempting to use or register a similar mark.
6. Basis for International Registration
   Philippine registration can serve as a basis for registering your mark in other countries under agreements such as the Madrid Protocol.
7. Business Asset
   Your trademark becomes a business asset that can increase in value over time and be sold, assigned, or used as collateral.

Trademark Application Process in the Philippines (via Brealant)  

1. Initial Consultation
   Brealant conducts a consultation to understand the client’s trademark needs and assess eligibility. Our team will check the database to check for similar or identical trademarks.
2. Preparation of Application
    Brealant prepares and drafts all necessary documents, including the application form, representation of the mark, and details of goods/services.
3. Submission to IPOPHL
    Brealant files the trademark application with IPOPHL and pays the required filing fee.
4. Formal Examination
   IPOPHL checks the application for compliance with formal requirements. IPOPHL examines the distinctiveness, potential conflicts, and compliance with legal requirements.
5. Publication in the E-Gazette
   If approved, the trademark is published in the IPOPHL e-Gazette for opposition (30 days for any third-party objections).
6. Registration and Issuance of Certificate
   If no opposition is filed, or if resolved in favor of the applicant, the trademark proceeds to registration and a Certificate of Registration is issued.