Trademark Registration FAQ
We know you have lots of queries about the trademark process – here are the most common questions (with answers!) that we receive
Frequently asked questions about the trademark process in the Philippines
- Is trademark registration mandatory in the Philippines?
No, trademark registration is not required in the Philippines. In the Philippines, trade names and business names are protected without the need for prior registration. Well-known marks are also protected in the Philippines without the need for prior registration in relation to the same or similar goods and services for which the marks are well-known.
- Is trademark registration free?
No, trademark registration in the Philippines is not free. The government fee for a simple trademark registration that covers one mark in one class is 5,769.52 Philippine pesos. The filing fee for a trademark application is multiplied by the number of classes covered, including color and priority claim fees.
- Who can apply for trademark registration?
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 registration 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.
- Can you amend a trademark registration?
Simply put, it means changing or modifying the application after it has been filed. A trademark application can be amended by filing an amendment with the United States Patent and Trademark Office (USPTO).
- How long does trademark registration take?
The total process takes 6-12 months on average.
There are 3 Major steps in trademark registration:
- File an application to the Bureau of Trademarks at the Intellectual Property Office of the Philippines (IPOPHL).
- Search and Examination.
- Publication in the IPO Philippines Gazette.
- What is a priority examination?
When you apply for a trademark, you have the option of requesting a priority examination. A priority examination allows your application to be processed first by IPOPHIL in certain circumstances.
There are eight reasons why you should file for priority action.
When you refile your rights to a mark that was canceled due to failure to file the DAU, or when your mark was abandoned and cannot be revived, you will most likely use this method.Other reasons for priority filing include when countries or international organizations file their logos, or when sports competitions, trade missions, educational activities, domain names, or ICT infrastructure have a short timeline/need to register early to promote goodwill.
- Why was my trademark denied?
A trademark application is denied for a variety of reasons. For example, a trademark application will be denied if it contains scandalous material or uses national symbols of the Philippines or other countries.
It will also be refused if it bears the likeness of a person without his permission or is too similar to another existing trademark in the same or closely related goods and services.
- Can a certificate of registration be renewed?
A certificate of registration may be renewed for ten (10) years after it expires by paying the prescribed fee and filing a petition for renewal of registration.
The Petition for Renewal of Registration must be signed and notarized by a duly authorized representative of the owner/registrant.
- What are the requirements for recordal of change of name/address?
There is no specific document required by Philippine law to substantiate a registrant’s or applicant’s change of address. In practice, the Intellectual Property Office (IP Code) typically only requires written documents such as a certification from the applicant’s or registrant’s corporate secretary attesting to the change of address, or a similar corporate register evidencing the same.
- Can I register a trademark without a company?
Yes, an individual can own a trademark; you do not need to be a registered company to apply for trademark registration.
- How Long Does a Federal Trademark Registration Last?
A federal trademark registration, fortunately, has no expiration date. To keep your federal trademark registration, you must continue to use the trademark in commerce with your applied-for products and/or services, as well as file the necessary renewal forms and fees with the USPTO.
- What Is A Basic Federal Trademark Direct Hit Search?
The United States Patent and Trademark Office (USPTO) maintains a database of federally registered and pending trademarks. The Trademark Bundle from Brealant enables a simple direct hit search of this government database. This search will specifically uncover possible pending or registered trademarks that are confusingly similar to your trademark. If there are any direct hits, Brealant will contact you immediately.
- What are the characteristics of a trademark?
The following are trademark characteristics:
- Differentiating its good or service from competitors.
- Words, pictures, characters, figures, colors, or 3D symbols are formed by mixing the aforementioned components.
- Exclusive nature; the trademark holder has exclusive rights to the trademark, which are legally protected.
Intangible asset with a determinable worth; trademark proprietor may be entitled to earnings by transferring and leasing the utilizing rights
- What is Nice Classification?
Nice Classification (the “NCL”) is an international classification system used to identify products and services for trademark registration purposes.
- Can an individual apply for trademark registration?
Yes. Applicants can be either corporations or individuals.
- What information is required for trademark registration?
It varies by country and location. Identity documents, an application form, and a trademark picture are often required.
- What is the right of priority?
Right of priority: For six months following the first application submission, an applicant may enjoy the right of priority on trademark registration for certain products or services with a state party to the Paris Convention or a WTO member state.
Exercising the right of priority: An applicant may exercise the right of priority to file the identical application in another nation within six months after filing the first application, such that the application date of the second application is dated back to the first application.
- What are the differences between the packaging and presentation of commodity and trademark?
Trademark is a part of commodity packaging and presentation; both are utilized in commodity packaging. While trademark is used to distinguish one manufacturer or operator of a product from another, presentation is used to beautify the commodity. A registered trademark cannot be changed, however, the presentation’s design style can.
- Does transferring a trademark need an agreement?
Yes. It requires an application form and a trademark assignment contract, which are signed by the assignor and the assignee.
- What Is A Standard Character Trademark?
A brand that may be shown in any font, style, size, or color is known as a standard character trademark. It also implies that character trademark ZIMONA, for example, the words might be displayed in any font style, sthe trademark lacks any design characteristics.
If you apply for the standardize, or color. To put it another way, it may be presented as huge, green, and italicized, or tiny, and bold.
- Does Federal Trademark Registration In The United States Provide Protection In Other Countries?
No. Federal trademark registration in the United States only provides federal trademark protection in the United States.
- I Want To Change My Trademark Logo To A Different Style In A Few Months. Will My Current Trademark Provide Protection To Variations Of My Logo In The Future?
Obtaining a federal trademark is a significant commercial, legal, and strategic decision. Such decisions should not be tah trademarks ken lightly, and entrepreneurs and small company owners should use caution when deciding whicthey believe will give long-term brand value.
Having said that, we are not a law firm and cannot advise on the exact rights afforded to any particular trademark or the breadth of such protections.
- How Do I Protect My Brand And Trademark From Trademark Infringement?
Obtaining a federal trademark protects your brand from trademark infringement. For example, if you successfully register a federal trademark, you will be allowed to sue for trademark infringement in federal court. Furthermore, a federally registered trademark grants you extensive trademark protection across the United States.
While businesses can use a trademark without registering it with the federal government, trademark protection will be limited. For example, trademark protection would be confined to your company’s geographic area. Furthermore, you will be unable to sue for trademark infringement in federal court.
- Should I Register My Business Name Or Logo First?
Many small business owners wonder if they should initially trademark their company name or emblem.
To recap, trademarks serve as a source identifier for products and services. Trademarks can be a company name, a design feature, a logo, or even the form of a bottle in certain situations!
As an example, consider Starbucks.
STARBUCKS is the company’s name and a significant trademark for this billion-dollar corporation. But that isn’t their only distinguishing feature. The green mermaid emblem is also a highly effective source of indication for the Starbucks brand. Customers instinctively associate the green mermaid emblem with Starbucks.
Of course, a billion-dollar firm like Starbucks has the means to register for several trademarks. However, that is not the case for the majority of small company owners and entrepreneurs.
Choosing whether to trademark a company’s name or its logo first is a critical financial, legal, and strategic issue. One critical point to consider is whether, if I only had the means to register for one trademark, the business name or logo would be a stronger source identifier of my goods and services.
For many firms, the source indicator is the business name. Most small business owners want their company name to be firmly connected with their brand, therefore purchasing a trademark for their company name is a wise move. When the corporation has more resources, it will frequently register for new trademarks, including logos.
Consider the case of XENLIN, a tiny apparel manufacturer. The apparel manufacturer installs a modest boutique and prominently displays XENLIN on their window. Shirts with a beautiful floral emblem are also available from the apparel firm. In an ideal world, the company would register for both trademarks: the business name and the logo. If the store owner only has the means to apply for one trademark, she should consider whether the XENLIN business name or the floral emblem would be a stronger source identifier of the garments.
In this instance, the store owner may elect to first invest in the trademark for the company name XENLIN. At this stage, the store owner determined that her major aim is for clients to recognize the company’s name, XENLIN, and to inform other potential customers about the business’s location. The business owner can then apply for the floral logo when the company has more resources.
Applying for a trademark is a personal decision. Some businesses may determine that their company name is more significant than their logo, while others may decide the reverse. This choice is made by the firm owner and is based on several business and strategy objectives. One critical topic for business owners to address in this decision is whether the company name or logo serves as a better source identifier of their goods and services.
- Can A Federally Registered Trademark Help Me Get The Twitter Handle For The Trademark?
A federally-registered trademark may be able to assist you in obtaining or reclaiming your brand’s Twitter account. Indeed, Twitter’s standards forbid someone from utilizing your federally registered brand as a handle if it is used to deceive customers.
The trademark policy specifically specifies that “using a company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse people about its brand or business association may be deemed a trademark policy violation.”
For example, assume a company owns the federal trademark MAKARITAI for apparel and someone using the Twitter handle @MAKARITAI is posting about garments. In such a situation, it is evident that this individual is using this handle in a way that may mislead customers.
The federal trademark owner might then submit a Trademark Issue Report with Twitter at https://help.twitter.com/forms/trademark with a federally registered trademark. To file this report, you must have a federally registered trademark.
Businesses should consider their aims for using Twitter, as well as how a federally registered trademark may be required to deter prospective squatters or infringers.
- What Is The Trademark Bundle?
The Trademark Bundle, in a nutshell, streamlines the federal trademark application submission procedure. Customers answer a few questions on our website; we make it easy for them to do so by giving useful videos and visual examples. (The majority of clients complete in 10-15 minutes!) We handle the paperwork at the USPTO for you when we collect your information: the Trademark Bundle comprises e-filing your application with the United States Patent and Trademark Office.