Trademark registration Philippines - The law applicable is Republic Act No. 8293 also known as the Intellectual Property Code of the Philippines. Trademark protection is obtained by registration and the country uses a first-to-file system where a mark with an earlier filing date blocks the registration of a similar mark with a later filing date. In certain instances and under specific conditions, trademark protection can also be acquired by sufficient public recognition. Multi-class trademark applications are allowed in the Philippines. The Philippines is a member of the Madrid Protocol.
Trademark registration: Requirements
A trademark application should be filed with the Intellectual Property Office of the Philippines. If the applicant is not domiciled or has no real and effective commercial establishment in the Philippines, he must appoint and appoint a resident agent or representative. A simply signed Power of Attorney is sufficient for the appointment of a resident agent or representative.
Trademark registration: Procedure
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 8-12 months from first filing to registration. Before registration, the trademark application is published in the Official Gazette for opposition purposes. The opposition period is 30 days from publication date of the application.
Trademark registration: Duration
A trademark registration is valid for ten (10) years. A trademark may be renewed for periods of ten (10) years after the expiration of the original term, upon payment of the prescribed fee and upon filing of a petition for renewal of registration. The petition for renewal must be filed within six (6) months before the expiration of the term of the trademark registration or within the six (6) months grace period after its expiration, albeit for an additional fee.
Trademark registration: Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
Extra
A Declaration of Actual Use is required to be filed, together with proof of such use, within three (3) years from the date of filing of the of the trademark application. This is a mandatory requirement in an application. Otherwise, the application shall be refused or the mark shall be removed from the register if it was registered in the meantime. Another Declaration of Actual Use must be filed between the 5th and 6th year anniversary of the registration date. Otherwise, the mark shall be removed from the Trademark Register by the IPO.
Trademark registration in Philippines
