Trademark registration Philippines
Register your trademark in Philippines online in 3 steps…
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Philippines?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Philippines?
In the Philippines, a so-called First to File jurisdiction applies. This means that you must register a brand name in order to obtain exclusive rights over it. Only in very exceptional cases can use of the trademark in the past give you the rights to it. This applies, for example, to brands with a very high brand awareness, which were already active before 1998. You can register a brand name via the IPPHL, the patent office of the Philippines.
In the Philippines, it is not necessary to use a trademark or brand name when you apply for registration. However, this does not alter the fact that active use increases the likelihood of allocation. This makes rejection on the basis of a lack of distinctiveness a lot more unlikely. It is also important to know that an application may concern different classes of. These must be based on the Nice Classification.
Filing a trademark in the Philippines: the individual elements of your trademark
If you want to register a trademark in the Philippines, please be aware that it is submitted by default without a color claim. If color is a distinctive element of your brand, you must inform IPOPHL of this explicitly. If you want to apply for registration of a combined trademark, i.e. a trademark that consists of both word elements and figurative elements, your exclusive rights will be limited to this specific combination after any grant.
If you wish to be able to use one of the two separately and therefore protect it, it is very wise to submit a separate application for this. If you fail to do so, there is the possibility that other entrepreneurs can start using this element. If this is for a product or service that does not resemble yours, there is nothing you can do about it. If in such a case there are comparable goods or services, you can lodge an objection.
How does the trademark filing procedure in the Philippines work?
If you want to apply for a trademark in the Philippines, you go through a standard procedure. After submitting your application, IPOPHL will first conduct a formal and substantive investigation. The databases are consulted to find out whether identical or similar brands exist. They also check whether the brand complies with the applicable rules and restrictions. For example, it should not be too general or descriptive and certainly not misleading or immoral. This process step usually takes six months.
When your application has been approved, you will receive a notification. Your trademark will now be published in the IPOPHL trademark magazine: the IPOPHL Gazette. This step is designed to notify the general public of the application and give them an opportunity to object. Any third parties then have thirty days to do this. This period can be extended twice, each time for a duration of thirty days.
Issuance of the certificate of registration
If no objection has been lodged against your trademark, you will receive a certificate. The trademark that has now been registered will also be republished in the trademark magazine, which marks its official entry in the archives. It takes an average of six to twelve months from the time of the first publication to the issue of the certificate.
Period of validity and renewal
The moment you start applying for a trademark, it does not necessarily have to be in use already. However, it must be three years later. During the period of validity of a trademark in the Philippines, a so-called “statement of use” must be submitted several times. Once a trademark has been successfully filed, it is valid for ten years, starting from the registration date.
You can renew your brand indefinitely for a further period of ten years. You can submit the application for an extension from six months before the end date. There is a grace period up to six months after the end date. You can then renew your brand, but you will pay extra costs for this.
The Statement of Use
The aforementioned ‘statement of use’ must be submitted regularly. You do this:
- Three years from the time of application, with a possible extension of six months
- Within one year of the fifth anniversary of the registration
- Within one year of the renewal
- Within one year of the fifth anniversary of each renewal
Failure to submit this statement including supporting evidence will result in the automatic deletion of the trademark from the Philippine Register.
How does an international application for the Philippines work?
The Philippines is a member of the Madrid Protocol. This means that an extension of an international registration via the Madrid System is also possible for this country. You can apply for such an international registration at the WIPO headquarters in Geneva. This person takes care of the initial review and then forwards the application for trademark registration to the Philippines. The same process as described above is followed there.