A trademark registration is not permanent if it was obtained improperly, conflicts with earlier rights, or is no longer being used. In the Philippines, you may file a Petition for Cancellation to remove an existing trademark registration from the IPOPHL (Intellectual Property Office of the Philippines) records.

This is a legal action filed before the Bureau of Legal Affairs of IPOPHL and is commonly used when a registered trademark is blocking your brand, harming your business, or was registered in bad faith.

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Who may file a Petition for Cancellation?

‍Any person or entity who believes that they are being harmed, or may be harmed, by the registration of a trademark may file a Petition for Cancellation.

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What are the grounds for canceling a trademark registration?

‍A trademark registration may be cancelled based on several grounds, including:

• The trademark has become a generic term for the goods or services (or a part of them).

• The trademark has been abandoned.

• The trademark was obtained through fraud or in violation of the Intellectual Property Code.

• The trademark is being used (by the registrant or with the registrant’s permission) in a way that misleads the public about the true source of the goods or services.

• The trademark owner, without valid reason, has failed to use the mark in the Philippines (or authorize its use through a license) for an uninterrupted period of three (3) years or more.

• The trademark is confusingly similar to another trademark or trade name owned by the party filing the case, who has earlier or superior rights over the mark.

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What happens after filing?
A Petition for Cancellation is handled as an inter partes case and usually involves:

• Preparation and filing of the Petition and supporting evidence
• Respondent’s Answer and submission of defenses
• Preliminary conference and possible settlement discussions
• Presentation of evidence and position papers
• Decision issued by IPOPHL

The process can be technical and evidence-driven, so proper preparation is key.

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How Brealant can help

‍Brealant assists clients in filing and handling Petition for Cancellation cases in the Philippines, from initial assessment to decision. We help you:

• Evaluate whether cancellation is the right legal remedy for your situation
• Identify the best grounds for cancellation based on your facts and evidence
• Conduct background checks on the subject trademark (owner, status, filings, and history)
• Prepare the Petition, supporting affidavits, and documentary evidence
• File the case with IPOPHL and manage deadlines and submissions
• Handle the proceedings and guide you through every stage of the case

If you believe an existing trademark registration is affecting your brand, we can help you take the proper legal steps to challenge it and protect your rights.

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Contact Us

‍Send us the following to get started:

• The trademark name/logo you want to protect
• The details of the trademark registration you want to cancel (if available)
• A brief explanation of how it affects your business
• Any proof of prior use, branding, sales, marketing, or business documents

Our team will review your case and advise you on your options, possible grounds, timelines, and next steps.

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