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.”
What Are the Steps Involved in Trademark Process?
STEP 1: You may file and pay for your application online or you may personally file it at the Philippine Intellectual Property Office (IPO).
STEP 2: If you receive a Registrability Report from the IPO, you must file a response to it within two (2) months from the mailing date. If the IPO has no objections, it will issue a Notice of Allowance. Make sure to pay the fees (P1,485 for the small entity and P2,182 for the big entity) under the Notice of Allowance within two months from the mailing date.
STEP 3: Your application will be published for 30 days on the IPO website. If there is no opposition, the IPO will issue to you a Certificate of Registration.
Steps on Registering Your Trademark in the IPO
The filing and prosecution procedures for registering a logo or trademark in the Philippines are divided into five (5) steps or phases, which are as follows:
All initial trademark registration applications in the Philippines must be addressed to the Director and filed in either Filipino or English. A registration request, as well as details on the applicant and the trademark to be registered, is all required.
- Search and Examination
The purpose of the search is to see if there are any existing trademarks that are similar or identical to the one being sought. Following that, the application will be scrutinized to ensure that it complies with all applicable rules and regulations. If it doesn’t, the application will be refused.
- Publication in eGazette
Once the trademark is granted, it is published in the IP Philippines eGazette. This is done to inform the public about the registration and offer interested parties the opportunity to oppose if required.
- Opposition (if any)
The public has 30 days from the date of the eGazette to oppose the trademark. The office will issue the Certificate of Registration if the Director of the Bureau of Legal Affairs confirms that there is no notice of opposition.
The Certificate of Registration will be published for the second time in the IP Philippines eGazette before being entered into the official records. This will be valid for ten (10) years, following which a renewal request can be submitted.The full procedure can take anything from 18 to 24 months on average. It may appear to be a lengthy procedure to follow. Being registered, on the other hand, will provide you with the peace of mind that comes with knowing that only you have the sole right to use your logo or trademark.
Documents Required for Trademark Registration Process
The following is a list of documents required for trademark registration Process:
- Logo, Brand Name, Slogan, Label in software copy (Jpeg, pdf, png, gif format)
- If the applicant is a company, then Copy of Incorporation Certificate and if the person is the applicant’s name, address proof, citizenship, etc details.
- Details of the Good or service for which trademark registration is required.
If an entrepreneur or company is applying for a trademark that is already being used by ,them, then the date on which the trademark is used.
How Can We Help?
- Conducting conflicts searches to reduce the risk of encountering objections.
- Prosecution & opposition of trademark application.
- Recordal of assignment and licensing.
- 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.
Let our Philippines Trademark specialist, Paralegals and experts help you. For further inquiries, you may seek legal assistance by contacting our legal experts.
Also, You may visit us at the Commerce and Industry Plaza, 1030 Campus Avenue, Corner Park Avenue, 4th Floor, Units C&D, McKinley Hill, Fort, Bonifacio, Taguig, NCR, Philippines, Postcode 1634. You may also call us at +8613609683025.
FAQs on Trademark Registration Process
Who can apply for trademark registration Process?
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?
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?
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?
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?
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?
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 ®?
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?
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?
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?
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?
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.