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The process of registering a trademark with the Intellectual Property Office of the Philippines (IPOPHL) can feel daunting. Many small businesses, startups, and independent entrepreneurs often lack affordable access to legal assistance. While hiring an intellectual property (IP) lawyer may initially seem costly, the guidance they provide can make the difference between securing and losing protection over your brand.
With the rise of DIY online filing services, many business owners are tempted to handle registration themselves. While this may appear cost-effective, the risks of mistakes are high, and errors in filing may lead to outright rejection or even cancellation of your trademark rights.
Ideally, you should apply for a trademark as soon as you decide on a potential business name, logo, or slogan. Filing early ensures that you secure priority rights. Under Philippine law, your filing date becomes your priority date. This means that anyone who later files a confusingly similar mark will likely be rejected.
For example, in W Land Holdings, Inc. v. Starwood Hotels & Resorts (G.R. No. 222366, April 18, 2017), the Supreme Court underscored the importance of timely filing and protecting a brand against confusingly similar marks. This case showed how a proactive filing strategy shields businesses from future disputes.
Entrepreneurs often prefer a do-it-yourself approach. IPOPHL provides an online eTMFile system, which allows applicants to submit and track applications. While this looks simple, each step—searching for similar marks, selecting the correct Nice Classification, and responding to Office Actions—requires precision.
A single error, such as choosing the wrong class or submitting an improper specimen, may lead to rejection. Worse, in the Philippines, an adverse decision by IPOPHL can be appealed through multiple levels (Bureau of Trademarks, Bureau of Legal Affairs, the IPOPHL Director General, the Court of Appeals, and even the Supreme Court), which could cost far more than hiring a lawyer from the start.
Most entrepreneurs lack the time to master trademark law. Working with an IP attorney ensures:
In Kellogg Co. v. Director of Patents (G.R. No. L-19997, October 29, 1969), the Supreme Court highlighted how even global companies can face opposition and rejection when procedures are mishandled. This case illustrates the importance of expert guidance in Philippine trademark practice.
Hiring a professional should be seen as an investment rather than an expense. While DIY filing may appear cheaper, rejected applications, missed deadlines, or opposition cases can lead to much higher costs. Attorneys like Brealant even offer cost-friendly packages starting from ₱5,000, while other top firms may charge higher fees.
Your trademark is more than a legal formality—it represents your reputation, brand identity, and consumer trust. Protecting it with the guidance of an experienced attorney ensures your application has the best chance of success, saving you both time and money in the long run.
✅ Key Takeaway: Filing a trademark in the Philippines with IPOPHL can be done alone, but the risks of costly mistakes are high. A professional IP attorney provides strategic protection, minimizes risks of rejection, and secures your brand against disputes.