A Trademark is a distinctive sign or symbol that identifies and differentiates your goods and services from those of other traders.
A registered trademark grants you the exclusive legal right to use, license, or sell your goods and services in the nation where it was registered. The Philippine Intellectual Property Code (IP Code) broadly defines a trademark as “any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods.”
Brealant will evaluate your proposed trademark and advise on registrability under Philippine law and IPOPHL rules.
Brealant conducts a search to determine potential conflicts with existing marks using IPOPHL databases. This step minimizes the risk of refusal due to similar prior registrations.
Brealant prepares and files necessary documents, including:
Trademark image (if applicable)
Name, address, and nationality of the applicant
Class and description of goods/services based on the Nice Classification
Filing is done electronically or manually with IPOPHL.
IPOPHL reviews the application for completeness and compliance with filing requirements.
IPOPHL examines the mark for compliance with absolute and relative grounds of refusal (e.g., distinctiveness, confusion with prior marks) based on their substantive guidelines.
If the application passes examination, it is published to allow third parties to oppose the registration within 30 days.
If no opposition is filed, or if the opposition is resolved in your favor, IPOPHL issues a Certificate of Registration. The trademark is valid for 10 years.
Required filings:
Within 3 years from the filing date
On the 5th year after registration
At renewal (every 10 years)
DAU must include evidence of actual use in the Philippines.
The registration is renewable every 10 years with continued proof of use via DAU.
Brealant can assist with monitoring, enforcement, licensing, or defending your trademark in case of disputes or infringement.
Conducting conflicts searches to reduce the risk of encountering objections.
Prosecution & opposition of trademark application.
Recordal of assignment and licensing.
Renewals
Litigation support related to Trademark enforcement.
Management of bulk trademark portfolios.
If you are interested in filing a trademark application, it is highly recommended that you consult a Philippine trademark specialist.
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.
The registration of a trademark grants the owner the exclusive right to use the trademark in connection to the products or services for which the mark is registered, as indicated by the sign (R), and to seek infringement remedy in suitable courts throughout the nation. However, the exclusive right is subject to any limitations registered on the register, such as limitation of usage area, etc. Furthermore, when two or more people have registered identical or nearly identical marks owing to exceptional circumstances, such an exclusive right does not work against them.
A phrase, word, symbol, device, or even color are all eligible for a trademark. Anything that distinguishes your party’s or company’s wares from those of another qualifies. However, in order to be legally protected, the object must be utilized in a commercial environment. Trademarks have a 10-year protection term.
You may use a trademark without registering it. This is known as an unregistered trademark. Make certain that it is not identical to any other brand, logo, or name. Because it is critical that a trademark be distinguishable from others.
Yes, the TM sign is used when a trademark registration application is filed with the trademark registry. The TM sign denotes trademark applications and serves as a deterrent to infringers and counterfeiters.
A “TM” symbol denotes a trademark and is often used in conjunction with a product. The “SM” symbol denotes a service mark and is often associated with a service. However, the “TM” symbol is also often used as an alternative to “SM” when referring to services. A ® sign can be used to represent either a trademark or a service mark. However, the ® sign implies a federal registration and should only be used for federally registered marks. The “TM” and “SM” designations, on the other hand, may be used in conjunction with registered or unregistered marks.
Federally registering your trademark is the best approach to ensure that your trademark rights span the greatest geographical area feasible. Furthermore, federal registration provides you with remedies that you would not have otherwise, such as the collection of legal costs.
Trademark registration Process is a time-consuming procedure that can take 18-24 months in a straightforward case with no objections or opposition. The trademark application number, on the other hand, is normally issued within one or two days of filing.
The process of registering a trademark entails filing a trademark registration application, examining the trademark, publishing or advertising the brand, opposing (objections) if raised/found, registering the trademark, and renewing the trademark every ten years.
You can inform us, by email or pone, to begin the Trademark process. Our expert trademark consultant will call you to understand your trademark O registration requirement and collect the necessary information.