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Trademark | Philippines

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
The Intellectual Property Code of the Philippines (Republic Act No. 8293).

2. Definition:
“Mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods.

3. Criteria:
A mark cannot be registered if it:

  • (a) Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
  • (b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof;
  • (c) Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow;
  • (d) Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of: (i) The same goods or services, or (ii) Closely related goods or services, or (iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion;
  • (e) Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services: Provided, That in determining whether a mark is well-known, account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;
  • (f) Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for: Provided, That use of the mark in relation to those goods or services would indicate a connection between those goods or services, and the owner of the registered mark: Provided further, That the interests of the owner of the registered mark are likely to be damaged by such use;
  • (g) Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;
  • (h) Consists exclusively of signs that are generic for the goods or services that they seek to identify;
  • (i) Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;
  • (j) Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services;
  • (k) Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;
  • (l) Consists of color alone, unless defined by a given form; or
  • (m) Is contrary to public order or morality.


4. Membership:
√ – Paris Convention
X – Madrid Protocol

Philippines is a member of the Paris Convention from 1965, whereby applications from convention countries will be subject to the same priority date in Philippines. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
“First to Use” is the rule followed by Philippines in determining priority of trademarks.

6. Duration and Renewal:
A certificate of registration shall remain in force for ten (10) years: Provided, That the registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to such use, as prescribed by the Regulations, within one (1) year from the fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office. A certificate of registration may be renewed for periods of ten (10) years at its expiration upon payment of the prescribed fee and upon filing of a request.

1. Application
Every applicant is required to submit an application with Intellectual Property Office of the Philippines.

2. Examination
A Trademark application is examined 12 to 18 months from the date of filing.

3. Publication
The IPO then issues a notice of allowance and publishes the application 12 to 24 months from the filing date. An application fee is required to be paid within 2 months from mailing date of notice of allowance. IPO publishes the application in the official gazette for purposes of opposition within 6 to 8 months from notice.

4. Opposition
Aggrieved parties are required to submit oppositions within 30 days from the date of publication.

5. Registration
Where no opposition is filed a notice of issuance and publication is issued by the IPO within 3 months from the publication of the notice of allowance.

6. Registration
The IPO issues a certificate of registration within 5 to 7 months of notice of issuance subsequent to payment of fees by the applicant within 2 months from mailing date notice of issuance.

The following information and/or documents are required to file an application for a trademark application in Philippines:-

1. Application Form.

2. Power of Attorney.

3. One (1) clear copy of the mark.

4. A list of goods or services ( which closely follow the Nice International Classification).

5. The full name, nationality and registered address of the applicant.

6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.

7. For marks that contain non-English words, a certified transliteration and translation.

Items Official Fees (USD) Professional Fees (USD)
Search per mark per class - 150
Filing application for one class excluding registration fee 58 450
Reporting the issuance of the Notice of Acceptance of the application for publication, preparing and arranging for advertisement of an accepted application in the government gazette, checking and forwarding the Certificate of Registration 77 478
Filing Declaration of Actual Use 48 467

Basic Requirements

Documents Remarks Time of Filing
Power of attorney Signed. No need for notarization/ certification/ legalization May be submitted later or up to 2 months from date of filing of application.
Image/ representation of the mark Must be 2in. X 3in. in dimension; must show the colors being claimed if applicable On filing date.


Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Certified true copy of the priority application Must have English translation if in another language 3 months from date of filing of application.
Certified true copy of the priority registration Must have English translation if in another language Upon completion of all requirements of registrability as assessed by Examiner; If the only issue remaining in an application based on foreign application claiming priority right is the submission of a certified copy of the foreign or home registration, the Examiner may provisionally allow the application and suspend the submission of the certified copy of the foreign or home registration for a period not exceeding twelve (12) months counted from allowance.


Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of Filing
Copy of Deed of Assignment Legalized Upon filing of request


Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Notice of Opposition Within 30 days from Publication of mark to be opposed
Extension to File Verified Motion of Opposition Opposer is allowed 3 extensions that has to be filed every 30 days from First notice mentioned above allowing time to put together the Verified Motion of Opposition
Power of Attorney notarized and duly authenticated by the Philippine Consulate Office. Upon Filing Verified Motion of Opposition
Verification and Certification of Non-Forum Shopping notarized and duly authenticated by the Philippine Consulate Office. Upon Filing Verified Motion of Opposition
Affidavit-direct testimony of witness opposing company notarized and duly authenticated by the Philippine Consulate office. This affidavit should contain some information on the company, some history on the marks, a list of worldwide registration and application of the mark, some samples of said trademark registrations, information on worldwide sales, and Philippine sales, some information on expenditures on advertising and promotions worldwide and in the Philippines. Upon Filing Verified Motion of Opposition
Affidavit-direct testimony from distributor or representative office or branch. This document needs to be notarized only, and can include information as to its organization, sales and advertisements, list of dealers or stores products or goods covered by the mark concerned. Upon Filing Verified Motion of Opposition

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