April 29, 2025

TRADEMARK REGISTRATION WITHOUT AN ATTORNEY

TRADEMARK REGISTRATION WITHOUT AN ATTORNEYBlog empty image

A lot of entrepreneurs ask: “Do I really need a lawyer to register my trademark in the Philippines?” The short answer is: it depends on your situation.

If you’re a Filipino resident, you can actually file a trademark yourself with the Intellectual Property Office of the Philippines (IPOPHL). The forms and instructions are available online, and in some cases—like when your brand name is very unique and unlikely to conflict with others—you might succeed without any legal help.

But here’s the catch: making mistakes in your application could cost you money, time, and even your brand. And that’s why many business owners still choose to work with a trademark attorney or agent.

Filing on Your Own

For straightforward cases, self-filing may be enough. For example, if you’ve come up with a one-of-a-kind name or logo that clearly stands apart from anything else on the market, IPOPHL may accept it with little issue.

However, the tricky part usually comes down to classification and similarity checks.

👉 Did you know IPOPHL follows the international Nice Classification (NCL) system with 34 classes for goods and 11 for services? If you’re selling t-shirts (Class 25) and also want to put your logo on mugs (Class 21), you need to file in two different classes. Miss one, and your protection will be incomplete.

Another hurdle: IPOPHL examiners will conduct a substantive examination to check if your mark is too close to an existing one. If they find a conflict, they’ll issue an Office Action, and you’ll need to respond properly. Many self-filers get stuck here and either give up or refile, paying new fees again.

Why Hire a Trademark Attorney or Agent?

While it’s not mandatory for Filipinos, hiring an attorney can make the process smoother. For foreign applicants, though, it’s required by law.

Here’s what a trademark lawyer can actually do for you:

  • Conduct a clearance search to spot any possible conflicts before filing.
  • Classify your goods/services correctly so you don’t miss coverage.
  • Assess your mark’s strength (is it distinctive enough, or will IPOPHL likely reject it?).
  • Respond to Office Actions or oppositions filed by competitors.
  • Monitor and enforce your rights after registration—like going after copycats or counterfeiters.

In short, they help you avoid pitfalls and increase your chances of securing strong protection from day one.

Trademarks and Copyright: A Double Layer of Protection

Here’s something many business owners don’t realize: your logo or brand design may be protected under both trademark law and copyright law.

  • As a trademark, it tells customers: “This product comes from me.”
  • As a copyrighted work, it’s recognized as your original artistic creation.

For example, the Jollibee mascot and logo are protected both ways. This dual protection gives businesses stronger grounds when fighting copycats.

A Real-World Example

One of the most famous Philippine trademark cases is McDonald’s Corporation v. L.C. Big Mak Burger, Inc. (2004). The Supreme Court ruled that “Big Mak” infringed on McDonald’s “Big Mac” trademark. Even though the names weren’t identical, the Court said the similarity could confuse consumers into thinking the products were connected.

This shows why registering your trademark early—and defending it properly—matters.

So, Do You Need a Lawyer?

Here’s the bottom line:

  • If your budget is tight and your mark is unique, you can try self-filing. IPOPHL accepts direct applications from residents.
  • If you want peace of mind and stronger protection, hiring a trademark attorney is worth it. It helps you avoid costly mistakes and gives you expert backup if problems arise.

For Filipinos, firms like Brealant offer affordable filing assistance (around ₱5,000), while bigger firms such as Federis or Hechanova usually charge much higher professional fees. For foreigners, hiring a Philippine agent is not optional—it’s required.

At the end of the day, your trademark is your brand’s identity. It’s how people remember and trust your business. Protecting it properly is an investment that pays off in the long run.