We know you have lots of queries about the trademark process – here are the most common questions (with answers!) that we receive
No, trademark registration is not required in the Philippines. In the Philippines, trade names and business names are protected without the need for prior registration. Well-known marks are also protected in the Philippines without the need for prior registration in relation to the same or similar goods and services for which the marks are well-known.
No trademark registration in the Philippines is not free.
A trademark applicant can be either a natural or a legal person. A trademark application can also be filed in the names of multiple applicants. Foreign applicants who are not domiciled in the country or do not have a real and effective commercial establishment in the country must have a resident representative who will be served with notices or processes in proceedings involving the mark.
Any layman who wishes to register a trademark may do so. However, when practical applicability is taken into account, hiring an attorney will make the process of registering a trademark easier.
You can amend a trademark registration with IPOPHL for minor corrections like typographical errors, name or address updates, ownership transfers, or to narrow listed goods/services. However, you cannot make changes that materially alter the mark or expand the scope of goods/services. Amendments require submitting the correct form, paying fees, and providing supporting documents. Major changes may need a new application.
The entire process can take approximately 5 to 7 months, assuming there are no issues or oppositions during the examination and publication stages.
When you apply for a trademark, you have the option of requesting a priority examination. A priority examination allows your application to be processed first by IPOPHIL in certain circumstances.
There are eight reasons why you should file for priority action.
When you refile your rights to a mark that was canceled due to failure to file the DAU, or when your mark was abandoned and cannot be revived, you will most likely use this method.Other reasons for priority filing include when countries or international organizations file their logos, or when sports competitions, trade missions, educational activities, domain names, or ICT infrastructure have a short timeline/need to register early to promote goodwill.
A trademark application is denied for a variety of reasons. For example, a trademark application will be denied if it contains scandalous material or uses national symbols of the Philippines or other countries.
It will also be refused if it bears the likeness of a person without his permission or is too similar to another existing trademark in the same or closely related goods and services.
To record a change of name or address with IPOPHL You need :
1. A duly filled request form
2. Supporting documents (e.g., SEC certificate for name change, proof of new address)
3. Power of Attorney (if filed by an agent)
4. Payment of fees (per trademark)
5. A list of affected application or registration numbers
Foreign applicants must appoint a local agent.
Yes, an individual can own a trademark; you do not need to be a registered company to apply for trademark registration.
A valid trademark must be distinctive, non-functional, lawful, non-deceptive, and not confusingly similar to existing marks. It must also be used or intended to be used in trade for specific goods or services.
Nice Classification (the “NCL”) is an international classification system used to identify products and services for trademark registration purposes.
Yes, an individual can apply for trademark registration in the Philippines.Under IPOPHL rules, both natural persons (individuals) and juridical persons (such as corporations, partnerships, or associations) can be trademark applicants.
To register a trademark, you need to provide:
Applicant details (name, address, nationality)
Trademark image
List of goods/services (based on Nice Classification)
Priority claim info (if applicable)
Filing basis (use or intent to use)
Agent authorization (if foreign applicant)
Payment of fees
Right of priority: For six months following the first application submission, an applicant may enjoy the right of priority on trademark registration for certain products or services with a state party to the Paris Convention or a WTO member state.
Exercising the right of priority: An applicant may exercise the right of priority to file the identical application in another nation within six months after filing the first application, such that the application date of the second application is dated back to the first application.
Packaging is the physical design used to market and contain a product; it can change and is only protected if unique.
Trademark is a legally protected sign or logo that identifies the source of goods or services; it must remain consistent and helps build brand identity.
Yes, transferring a trademark requires an agreement.
In the Philippines, the transfer of ownership of a trademark—known as an assignment—must be documented through a written agreement between the assignor (current owner) and the assignee (new owner).
A standard character trademark protects the wording of a mark (letters, numbers, or characters) without regard to style, font, color, or design. It offers broad protection for the text itself, allowing it to be used in any format. In the Philippines, it's categorized under "Word Mark" in IPOPHL applications and is useful when the brand name, not its design, is the focus.
Your current trademark only protects the exact logo filed. If you change the design, it won't automatically cover the new version. To protect the new logo, you should file a new trademark application. Minor stylistic changes may risk non-compliance with IPOPHL rules. For continuous protection, keep the current registration and apply for the new logo once finalized.
1. Register your trademark with IPOPHL for legal protection.
2. Monitor the market and IPOPHL publications for potential infringements.
3. Use your trademark regularly and file the required DAU.
4. Enforce your rights through legal actions or cease and desist letters.
5. Consult a trademark agent like Brealant for expert support.
Register your business name with the DTI or SEC for legal operation, but to protect your brand, register your logo (trademark) with IPOPHL. If branding is your priority, start with the logo. Ideally, register both to cover all aspects.
A Philippine trademark registration helps support your case, but Twitter’s decision depends on its own review process, not just local IP laws.
The Trademark Bundle in the Philippines refers to a package of services offered—typically by private IP firms like Brealant—to streamline the trademark registration process. While IPOPHL does not officially offer a “bundle”, many agents use the term to describe a set of key services grouped together for convenience and cost savings.
A trademark bundle typically includes:
1. Search for similar trademarks
2. Application preparation and filing
3. Monitoring application status
4. Help with DAU (Declaration of Actual Use)
5. Certificate delivery and document storage
6. Optional services like legal advice or international filing