Section 1(a) Use-Based Trademark Application

A trademark is so essential for a business which helps to distinguish its products and services from other brands. In the Philippines, every trademark is registered in the Intellectual Property Office of the Philippines (IPOPHL) to protect its marks from infringement by others. A trademark can be a name, a logo, a design, or a quote that makes a brand unique from the others. There are so many types of trademarks that can be registered according to your brand. However, all trademark applications can be categorized under two main types. They are Use-Based Trademarks Application and Intent to Use Trademarks Application. In this blog, we will elaborately discuss Section 1 (a) Use-Based Trademark Application and the registration process.

Trademark Registration in the Philippines

In the Philippines, trademarks are registered under two categories. They are:

  1. Ordinary Application and
  2. Convention Application.

Ordinary trademark application is the most common one, and the Convention application is the priority application which should be filed within 6 months after filing the application in the convention countries.

Before filing a trademark application in the Philippines, it is always recommended to conduct a trademark search. The trademark search helps to find whether your trademark is similar to or the same as the already registered trademarks in the Philippines. Conducting a thorough trademark search before registering your mark and making sure your trademark is distinct from other marks will help you avoid any opposition in the future. Since the Philippines has a great classification for trademark applications, it would be easier for you to perform the trademark search. Applications that come under classes 1-34 belong to goods and trademark applications that come under classes 35-45 belong to services. So according to the product and services your brand provide, you can perform the trademark search under the respective categories.

Two Main Categories of Trademark Applications

According to the usage, (whether the mark is being already used or going to be used in the future), the trademark applications are categorized into two types:

  1. Section 1(a) Use-based (Actual Use) trademark application
  2. Section 1 (b) Intent to use trademark application

Section 1(a) Use-based trademark application

At the time of filing the trademark application with the trademark office, if your trademark is being already used in commerce, then your application will come under the use-based application. There are several things to be taken care of when you are filing this actual use trademark application. They are:

  1. The list of goods and services that are mentioned in your trademark application.
  2. Whether those goods and services are sold or traded under the trademark name.
  3. Whether the trademark has been used on the goods.
  4. The specimens or evidence of use for the goods and services.
  5. When the trademark has been used in commerce for trading your products and services.

So, if you are someone looking for registering a trademark that is being in use already, you can file this Section 1(a) Use-based trademark application.

Section 1 (b) Intent to use trademark application

If you are someone who is yet to use your trademark in commerce, this is the right time for you to register the Intent to use trademark application. The Intent to use trademark application should be filed even before the trademark is being used in commerce. It reserves a place for your trademark even before you start using it. By filing an intent to use trademark application, you can focus on other things related to your business without worrying about someone else using your trademark. focus on other things. Intent to use trademark application will cost you higher than the Actual use trademark application.

Trademark Examination and Opposition in the Philippines

Once you registered your trademark with the IPOPHL, your application will be examined. Under the examination process, your application will be checked whether it has fulfilled all the legal requirements. If your application hasn’t met the requirements, the office will contact the applicant and ask them to make the required amendments within 4 months. If not, your trademark will be published under the journal. The third parties will oppose the trademark if it seems to be similar or cause any damage to theirs, else your trademark application will successfully continue the registration process.

Get Assistance In Trademark Application From Brealant Ltd

There are wide varieties of traditional and non-traditional trademarks available nowadays. Some examples of non-traditional trademarks are sound marks, 3d marks, color marks, etc. Select a trademark that uniquely identifies your brand and protect it with the appropriate trademark registration to protect it from infringements.

Brealant is an IP services firm that helps people who want to successfully register their trademarks, patents, and copyrights with the USPTO. Our attorneys will help you with trademark search, application filing, and registering by guiding you throughout the process of registration. Contact us today to get your Intellectual Property protected!