-
Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
-
If I register my trademark in the Philippines, do I have protection in other territories?
No. The mark is protected only in the Philippines.
-
Do I need to sign a Power of Attorney?
Yes. A signed power of attorney is one of the application requirements.
-
Are there any benefits from a pre-filing use of the trademark?
Yes. A mark that was used prior to registration is qualified for legal protection if consumers can easily recognize the mark as being owned by the applicant. If another person tries to apply for its registration, it will be considered as application in bad faith. Pre-filing use also serves as a prima facie evidence of the mark’s distinctiveness. This will help the applicant overcome oppositions based on non-distinctiveness.
-
Will there be problems in case I don’t use my trademark after registration?
Yes. It will result to automatic cancellation.
-
What are the types of trademark that can be registered in the Philippines?
Marks or signs that are graphically reproducible and can make a good or service distinguishable from others are accepted for registration.
- Names
- Words
- Slogans
- Colors
- Devices
- Trade dress
- Shapes (3-dimensional)
-
What are the phases of application after a trademark has been filed in the Philippines?
The sequence of the application procedure is as follows:
-
Examination – The trademark office will examine the application with regards to:
- Formalities
- Classification
- Clarity
- Descriptiveness
- Distinctiveness
- Deceptiveness
- Conflict with earlier filed registrations
-
Publication – The filing details will be made accessible to the public through publication in print and online.
- Mark
- Goods/services
- Name and address of applicant
- Citizenship and country of incorporation of applicant
- Date and number of application
- Trademark representation
-
Registration – The trademark office will grant the registration once the prosecution is over and all oppositions are won.
-
What type of trademark is non-registrable?
Applicants are not permitted to apply for the registration of any of these marks:
- Marks that contradict principles of moral or marks that oppose public order
- Generic words
- Non-distinctive marks
- Surnames
- Names of geographic locations
- Marks that cannot be interpreted visually such as taste, smell, or sound
- Marks that include flags, symbols or names of international organizations, nations, states or regions
-
Does the Philippines use the "Nice Classification" system?
Sí, el Sistema de Clasificación de Niza se usa en esta jurisdicción. Una única solicitud es suficiente para múltiples clases de bienes/servicios. El solicitante también puede presentar una solicitud individual para cada clase, de ser necesario.
-
Is there any possibility to claim priority in the Philippines?
Yes. Applicants are allowed to use the filing date in their home country as the filing date in the Philippines if:
- Their home country is a Paris Convention signatory
- The filing date in their home country is within 6 months prior to the filing date in the Philippines
- Their home country is a WTO (World Trade Organization) member
- The international registration can be based in the Philippines
-
What do I need to do to satisfy the use requirement?
To satisfy the requirement, the mark must be used:
- within 3 years from the date of filing
- within 5 years from the date the registration was issued
- no 3-year gap between each use during its term
-
Once my trademark has been registered, for how many years will be valid?
The initial term of its validity is 10 years from the registration date.
-
What will be the renewal date of my trademark?
The first renewal will take place 10 years from the date when the registration was granted.
-
Is it legal to use my trademark even if it is not yet registered?
It is illegal to use an unregistered trademark for the following:
- Toiletries
- Pharmaceutical products
- Tobacco products
- Industrial chemical products