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Philippines trademark registration are filed with the Philippine Intellectual Property Office (IPO). Filipinos, Filipino corporations or foreigners or foreign corporations are required appoint an agent in order to file Philippines trademark applications with the IPO.
There are five steps involved in the filing and prosecution procedure of Philippines trademark registration and they are as follows:
1. Philippines Trademark Search
The process of searching is done to determine whether there are existing similar or identical trademarks to the one being applied for.
2. Philippines Trademark Filing
All initial filings of a Philippines Trademark application must be addressed to the Director and shall be in Filipino or English. The requirements include a request for registration, information regarding the applicant and the trademark to be registered. Part 4, Rule 400 under the Rules & Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers contain a complete list of the requirements.
Philippines Trademark Applications are handled by the Bureau of Trademarks of the Philippine Intellectual Property Office (IPO). An applicant number will be issued after a thorough examination of the application requirements has been performed by a duty officer and after the filing fee is paid.
3. Philippines Trademark Examination
The Philippines trademark application will be examined to see if it complies with all rules and regulations. The application will be rejected if it doesn’t.
Some of the common objections involve prior conflicting rights with another proprietor, conflicts with a well-known trademark, distinctiveness, descriptiveness, and too broad description of goods and services, among others.
4. Publication in Philippines Gazette
The trademark is published in the IP Philippines Gazette once the trademark is approved. This is done to let the public know about the registration and give concerned parties a chance to oppose it if deemed necessary.
5. Opposition (if any)
The public is given up to 30 days from the issuance of the Gazette to oppose the trademark. After the Director of the Bureau of Legal Affairs verifies that there is no notice of opposition, the office will issue the Certificate of Registration.
6. Philippines Trademark Registration
The Certificate of Philippines Trademark Registration will again be published in the IP Philippines Gazette for the second time then entered in the official records. This will be valid for a period of ten (10) years, after which a request for renewal can be filed. The registration is renewable for periods of 10 years.
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