A trademark is a feature unrelated to the characteristics of your products or services, which allow your business to help customers and consumers distinguish your products and services from identical or similar products and services of everyone else. Thus should be considered paramount by any modern enterprise. When you think of Starbucks, you think of a cup of coffee, but you also think of their green mermaid logo.
Moreover, a trademark is an area of intellectual property law that protects the brand name of your products. It's what you call your company. It's the slogan that you use for your company. It's the design of the logo that you use. This is covered under intellectual property law subcategory called trademark law.
After we have conduct your FREE preliminary trademark search, you decide if you wish to proceed with trademark registration. Check our trademark pricing to see which option best fits you. Unlike any other registration company, our pricing includes all government fees and taxes.
After the application has been filed, the IPPHL will further investigate to determine if there are similar marks. Next, a Trademark Examiner will check the application and signify his/her objections or comments in the form of Registrability Reports, which must be responded within 2 months. Most applications proceed to further steps called Publication for Opposition and Declaration of Actual Use. Our office will handle all communications with the IPPHL and contact you as necessary. The total process takes 6-12 months on average.
Steps to Register your Trademark in the Philippines:
Once filed and the necessary fees has been paid, the duty officer will examine the submitted requirement for completeness. You will receive your application number afterward.
2. Search and Examination
The Intellectual Property Office of the Philippines (IPOPHL) will now search their database for identical trademarks in the market or similar applications that they have. This will take some time, and the usual wait is at least 6 months.
Included in this process is the examination of your trademark to check if it complies with the rules and regulations. Aside from similarity to existing trademarks, it should not also be too generic, deceptive, immoral, or scandalous; among other rules.
For a hassle-free process, our services to help you with your registration includes FREE search and preliminary examination.
3. Publication in the IPO Philippines Gazette
Any individual or company can oppose if it violates an existing trademark they have, or if they find it grossly damaging to their reputation or business.
4. Registration Process (Duration Time)
The public is given up to 30 days to take action. If no opposition is received and verified by the Director of the Bureau of Legal Affairs, the Intellectual Property Office will now issue the Certificate of Registration.
You will receive a Notice of Allowance (NOA) and the first Publication for Opposition (PfO). Your application may also receive an office action at this step, and our service includes a FREE response to a minor registrability report.
Next is the 2nd Publication for Opposition & Issuance of Certificate then next is to file a Declaration of Actual Use (DAU), which occurs within 3 years after Issuance of Certificate.
The trademark will again be published in the Intellectual Property Office of the Philippines (IPOPHL) Gazette, which marks its official entry to the records. The certificate is valid for ten (10) years and can be renewed after.
Note that Declaration of Actual Use is again filed on the 5th year and 10th year respectively. Basically it is valid for ten (10) years and can be renewed after.
Lastly, to make sure that your business name and logos are worth the inconvenience of applying for a trademark, it should be something that you’ll be proud of; something that represents your vision and ideals for your company or business.
If all of what has been stated above sounds confusing, that's because it is. Please contact us for a free consultation.
A Friendly Reminder:
Beware of some law firms that have hidden or extra charges (transportation, photocopying, out-of-pocket expenses, government fees, etc). We have no extra or hidden charges. All fees quoted are inclusive and include all government fees, attorney fees, transportation costs, etc. Note that your application may be opposed by another trademark owner and in the event that opposition occurs, the above fees do not include response to such opposition. Fees include response to one minor Registrability Report.