The Philippines, with its rapidly expanding economy, offers excellent opportunities for foreign businesses. Securing trademark protection in the Philippines is an important step in safeguarding your brand. This guide will walk you through the procedure of trademark application in the Philippines, including the necessary documents and steps.
What Can Be Registered as a Trademark in the Philippines?
In the Philippines, a trademark can include any sign that distinguishes the goods or services of one business from those of another. Eligible marks include:
- Words or letters
- Logos or symbols
- 3D shapes
- Sounds
Key Documents Required for Trademark Application in the Philippines
When filing a trademark application in the Philippines, the following documents are required:
- Trademark Application Form: Submitted to the Intellectual Property Office of the Philippines (IPOPHL).
- Trademark Specimen: A clear image or representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification system.
- Power of Attorney: Required if filing through a local representative.
Step-by-Step Procedure for Filing a Trademark Application in the Philippines
1. Preliminary Search
Before filing, it’s advisable to conduct a trademark search through IPOPHL to avoid conflicts with existing marks.
2. Filing the Application
Submit the application to IPOPHL either through their online system or in person.
3. Examination
IPOPHL conducts a formal examination to ensure that the application complies with basic requirements, followed by a substantive examination to evaluate whether the mark is distinctive and does not infringe on existing trademarks.
4. Publication
If the application passes the examination, the trademark is published in the IPO e-Gazette for a 30-day opposition period.
5. Issuance of Trademark Registration Certificate
If no opposition is filed, or if the opposition is successfully overcome, the Trademark Registration Certificate is issued.
Duration and Renewal of Trademark Protection in the Philippines
Once registered, a trademark in the Philippines is valid for 10 years from the date of registration and can be renewed indefinitely for additional 10-year periods. Renewal should be filed six months before expiration.
Why Choose ASL LAW for Your Trademark Registration in the Philippines?
Navigating the Philippines trademark registration process can be complex, especially for foreign businesses. ASL LAW offers expert legal assistance to ensure that your trademark is registered efficiently, helping you avoid potential delays and challenges.
Conclusion
For foreign companies seeking to protect their brand in the Philippines, understanding the procedure of trademark application is crucial. With the guidance of an experienced IP firm like ASL LAW, you can ensure smooth registration and comprehensive protection for your intellectual property.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.