Trademarks FAQ for The Philippines

What Exactly Is a Trademark?

A trademark is any word, group of words, sign, symbol, logo, or a combination of these elements that identifies and differentiates the source of goods or services provided by a business from those of others. In essence, it helps consumers distinguish your brand in the marketplace, ensuring your business stands out.

Trademarks protect a business’s brand identity and offer legal backing against unauthorized use. By registering a trademark, you gain exclusive rights to prevent others from using or exploiting your mark without permission.

What is the purpose of a trademark?

A trademark protects your business identity, acting as a source identifier, differentiator, and quality indicator. It can also serve as an advertising tool, representing your business’s reputation in the market. Beyond its core function of brand protection, a trademark can also generate income through licensing or franchising, allowing others to use the mark under controlled agreements.

What Aspects of My Brand Can a Trademark Protect?

In the Philippines, trademarks can safeguard key elements of your brand, including:

Note that in the Philippines, certain elements like smells, colours, and sounds are not registrable as trademarks.

Why Should I Register My Trademark?

• Exclusive Rights: Registration grants you the sole right to use your trademark across the Philippines.
• Brand Identity: It solidifies your business’s identity in the market, ensuring your goods or services are easily recognizable and differentiated from competitors.
• Legal Protection: You can prevent others from using your mark, ensuring your brand is safeguarded from infringement.
• Income Opportunity: You can license or franchise your trademark, creating an additional revenue stream for your business.
• Use of ® Symbol: Once registered, you are entitled to use the ® symbol, signalling that your mark is legally protected.

Is It Really Necessary to Register a Trademark?

In the Philippines, while your brand might receive some protection under the Intellectual Property Code or common law (through “unfair competition”), registering a trademark offers clearer and more enforceable rights. It’s the only way to secure the exclusive rights to your business name, logo, or slogan.

What’s the Difference Between the TM and ® Symbols?

• TM: Indicates that you are asserting rights over a trademark, whether or not it’s registered.
• ®: Reserved for officially registered trademarks and signals that your mark is legally protected. Using the ® without registration is illegal in many jurisdictions, including the Philippines.

How Do I Apply for a Trademark?

The registration process involves:

1. Submitting your application to the Intellectual Property Office of the Philippines (IPOPHL).
2. The mark undergoes an examination to ensure it meets legal criteria.
3. Publishing the application to allow for potential opposition.
4. Final registration if there are no objections.

The filing fee for registering a trademark starts at ₱1,200 for small entities or individuals. Additional attorney fees may apply if you require assistance with preparing, reviewing, or monitoring your application.

How Long Does It Take to Secure a Trademark?

In the Philippines, trademarks typically take a minimum of 6 months to 1 year to be fully registered, depending on whether there are objections or third-party oppositions.

How Long Does a Trademark Last?

Once registered, a trademark is valid for 10 years. After this period, you can renew it indefinitely in 10-year increments to maintain protection.

Can I Change My Trademark Application After Submitting It?

Amendments are only possible for minor corrections after submission. If significant changes are needed, such as altering the design or expanding the list of goods or services, a new application must be filed. It’s crucial to ensure your trademark application is accurate from the start.

What Are “Goods and Services” in a Trademark Application?

When applying for a trademark, you need to specify the products or services it will be used with. There are 45 different categories, or classes, to choose from. Make sure the list is accurate when filing, as you won’t be able to add more items later.

Do I Have to Use My Trademark After Registration?

In the Philippines, once registered, a trademark is valid for 10 years. However, to maintain the trademark and avoid cancellation, you must file a Declaration of Actual Use (DAU) at several intervals:

1. Within 3 years from the date of filing the trademark application.
2. Within 1 year from the 5th anniversary of the registration date.
3. Within 1 year from the date of renewal.

The DAU is a legal requirement that confirms your trademark is being used in commerce. Failing to file the DAU within these periods may result in the cancellation of your trademark registration. It is essential to stay on top of these deadlines to retain full protection of your mark.

Protect Your Brand with Trademark Design and Registration Services in the Philippines

At Markport™, we specialise in providing comprehensive trademark protection and design services for businesses across the Philippines. Whether you’re a startup or a growing company, we can help you navigate the trademark registration process, create distinctive trademarks, and ensure your intellectual property is protected. Our expert team ensures your business identity remains secure in a competitive market. Contact us today to protect and enhance your brand in the Philippines.