Trademark Process

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.”

Step-by-Step Guide: Filing a Trademark in the Philippines with Brealant  
1. Initial Consultation with Brealant

Brealant will evaluate your proposed trademark and advise on registrability under Philippine law and IPOPHL rules.

2. Trademark Search

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.

3.  Preparation and Filing of Application

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.

4. Formal Examination by IPOPHL

IPOPHL reviews the application for completeness and compliance with filing requirements.

5. Substantive Examination

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.

6. Publication in the IPOPHL e-Gazette

If the application passes examination, it is published to allow third parties to oppose the registration within 30 days.

7. Issuance of Certificate of Registration

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.

8. Declaration of Actual Use (DAU)

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.

9. Trademark Renewal

The registration is renewable every 10 years with continued proof of use via DAU.

10. Ongoing Management

Brealant can assist with monitoring, enforcement, licensing, or defending your trademark in case of disputes or infringement.

How Can We Help?
  • 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.

Need help with a trademark in the Philippines? Our specialists, paralegals, and legal experts are ready to assist you. Contact us for legal assistance.
Visit us at our Makati Office Branch Padeco Prosperity Building, 1125 J.P. Rizal Street, Guadalupe Viejo, Makati, Philippines. You can also reach us by telephone at (02) 8777-9281

FAQs on Trademark Registration Process

Who can apply for trademark registration Process?
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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.

Can I do trademark Process myself?
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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.

What are the benefits of having your trademark registered?
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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.

What can be registered as a Trademark?
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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.

Can we use any trademark without registration?
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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.

After registering my trademark, shall I use the TM sign in my LOGO?
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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.

What is the difference between a ™, SM, and ®?
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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.

Why do I need to register my trademark?
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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.

How long does the trademark process takes?
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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.

What is the trademark application process?
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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.

What is the best way to start the Trademark process in Philippines?
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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.