The Philippines is an important economy in Southeast Asia, and as more and more investors enter the Philippine economic market, the awareness of trademark protection must be strengthened, and registered trademarks are one of the important assets of enterprises. How to standardize the use and protection of your own brand trademarks in the Philippines?This article will give you an introduction to the Philippine trademark registration requirements and procedures.
New Trademark Amendments in the Philippines.
The Intellectual Property Office of the Philippines (IPOPHL) has published the revised Rules and Regulations Relating to Trademarks, Service Marks, Trade Names and Labeled or Sealed Containers. The new rules will come into effect on February 14, 2023.
The amended regulations set out acceptable non-traditional means of representation of marks, in particular those used to describe a series of actions. At the same time, the Regulation also states that if the mark adequately describes all the features, then the application should include only a figurative representation of a single point of view.
In addition, the Regulation provides that applications can be filed for color marks, 3D marks, position marks and dynamic marks as long as they have a second meaning of "acquired distinctiveness" as defined in the Intellectual Property Code.
Information required to register a trademark in the Philippines.
1. Trademark drawing: The applicant needs to provide a clear and unambiguous trademark drawing, including black and white and color drawings.
2. Goods and services: The applicant needs to list the goods and services involved in the trademark application.
3. Applicant's information: including the applicant's name, address, nationality, etc.
Trademark registration process in the Philippines.
1. Trademark inquiry: Before submitting the application for registration, it is recommended that the applicant conduct a trademark inquiry to confirm whether the applied trademark conflicts with the registered trademark.
2. Submit the application: The applicant needs to submit an application for trademark registration to the Intellectual Property Office of the Philippines and pay the relevant fees.
3. Examination stage: The Intellectual Property Office of the Philippines will examine the application, including the legality, distinctiveness, originality and other aspects of the trademark. If there are problems found in the examination, the applicant needs to make corrections in accordance with the reasons for examination.
4. Announcement stage: If the examination is passed, the Intellectual Property Office of the Philippines will publish the application and notify the applicant to pay the publication fee.
5. Approval of registration: If there is no objection or the objection has been eliminated during the announcement period, the Intellectual Property Office of the Philippines will approve the trademark registration and issue a trademark registration certificate.
The time frame for trademark registration in the Philippines usually takes 6-12 months.
Precautions for trademark registration.
1. Legitimacy of the trademark: The trademark applied for by the applicant must not violate the provisions of Philippine law, such as containing signs or designs that are not allowed to be used.
2. Distinctiveness of the trademark: The trademark applied for by the applicant should have distinctive features, be able to distinguish from other trademarks, and be able to attract consumers.
3. Originality of the trademark: The trademark applied for by the applicant shall be original and cannot be an imitation of the registered trademark of others.
4. Priority of the same trademark: If the applicant has applied for the registration of the same trademark in other countries before applying for trademark registration in the Philippines, the priority can be declared at the time of application to speed up the trademark registration process.
5. Trademark Renewal: To maintain the trademark, a Declaration of Actual Use (DAU) must be filed with the Intellectual Property Office of the Philippines (IPOPHL) according to the following schedule: within 3 years of the filing of the trademark application or within 3 years of the date of the international registration or subsequent designation;Within 1 year of the 5th anniversary of the registration of the logo or the 5th anniversary of the declaration of protection;Within 1 year of the 5th anniversary of each renewal.