Trademark Registration in Philippines

Philippines Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Philippines?

A trademark attorney will process a trademark registration in Philippines by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Philippines, it is important to assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your particular trademark registration in Philippines and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Step 3: Trademark Registration Certificate:

After approval of trademark application by the Trademark Office, the attorneys complete all mandatory tasks to get the registration certificate in Philippines. When the certificate is obtained, it is sent to your postal address with a registration report including all details such as the registration number, date and any other special consideration to be taken into account in Philippines.

Will I get any right after having a registered trademark in Philippines?

Registration is not compulsory to get rights to a trademark. The first-to-use rule is valid in Philippines. Usually, prior use is accepted but a long-term usage can deter a later registration.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of:
  • Proprietary rights
  • Personal name rights
  • Copyright breach
  • Generic mark
  • Geographical indication mark
  • Use of state symbol
  • Descriptive and deceptive marks

Will anyone contest with my trademark?

Yes, anyone can oppose

On what grounds can a Trademark Application be Cancelled?

Trademark can be opposed in case of:
  • Personal name and registered name conflict
  • Copyright Breach
  • Geographical indication
  • Deceptive mark
  • Misleading mark
  • Proprietary rights

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 8 months, provided no objections or oppositions happen.

If I register my trademark in Philippines, do I have protection in other territories?

The limit is only exist within the Philippines.

What are the various kinds of trademarks permitted to be registered in Philippines?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:

  • Names
  • Slogans
  • Words
  • Devices
  • Holograms
  • Certification and collective marks
  • 3-D shapes

Is sign needed from power of Authority during registration?

Yes, it is necessary to complete the registration process

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Philippines is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

A power of attorney, Declaration of use (DAU), Petition of renewal are needed for renewals

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months

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