A trademark is any recognized word, phrase, image, logo, or symbol that distinguishes one product from all others of its kind and does so legally. A trademark acknowledges the company’s brand ownership and serves only to identify a product as its own. Trademarks are considered to be intellectual property regardless of whether they are registered.
Trademarks play a vital role in protecting the goodwill and reputation of a company. They are also integral parts of branding and marketing strategies. It is the best way to create an image of the brand in the conscience of the consumers. In addition, they help companies distinguish themselves from their competitors and promote consumer loyalty.
To know more about a trademark and its process, read the article till the end to find out how to register a trademark in the Philippines.
Why is a trademark required?
Registering a trademark helps prevent others from using your products or services without your permission. Additionally, a business cannot use a mark or brand name identical to one already registered, particularly if the goods or services are similar in appearance, pronunciation, or meaning.
Trademarks serve an essential function in distinguishing products in the economic and legal systems and in shaping the brand’s perception among consumers. They are used to identify and protect design elements and language that identify the creator or owner of a good or service. They could be brand names, company slogans, product names, or corporate logos. Because they both identify and distinguish the source of a service rather than a product, trademarks and service markings are commonly referred to as “trademarks.”
A trademark is a feature that has nothing to do with the attributes of your products or services. It enables your business to distinguish its products and services from those identical to or comparable to your competitors.
Therefore, it should be given top priority by every modern business.
The brand name of your items is protected by intellectual property law through trademarks. It is the name of your business. It is the tagline you employ for your business. It is the logo’s design that you utilize. This is covered by the trademark law subcategory of intellectual property law.
Are you looking for a way to apply for trademark registration online? Then, it is your right place. This page provides a step-by-step guide to getting started with the application process for the Philippines trademark.
The Philippines has been consistently ranked as one of the easiest countries in Asia to obtain trademarks through the WIPO (World Intellectual Property Organization). The country ranks third in terms of overall trademark registrations per capita.
What is the process for filing a trademark?
The IPOPHL will do additional research after applying to see if any other marks are similar. A trademark examiner will next review the application and make any objections or comments in Registrability Reports, to which a response is required within two months.
The next phases of most applications are Publication for Opposition and Declaration of Actual Use. Our office will handle all communications with the IPOPHL, and we’ll get in touch with you when required. On average, the entire process takes six to twelve months.
Here is your guide for trademark registration:
- File for trademark application: Submit your application for a trademark to the IPOPHL. A list of needs must also be sent. The authorized officer will review the submitted application for authenticity after paying the required amount for the application. After that, you’ll get your application number.
- Research and evaluation: IPOPHL will do the checking for trademarks in the list of registered trademarks in the Philippines’ official documents to determine if the registered trademark is identical to those already in use or applications similar to those already filed. The typical wait is at least six months, so this will take some time. This procedure includes reviewing your trademark to see if it complies with the laws and standards. In addition to not being overly generic, deceitful, immoral, or scandalous, it should not be comparable to any existing trademarks.
- Publication of the trademark in the IPO Gazette: The trademark will be published in the official Philippines Gazette if authorized. The publication will raise awareness of the trademark and permits anyone to object to the registration.
Any person or corporation may object if it infringes on a trademark they already own or if they believe it will seriously harm their reputation or operations.
What happens after successful registration of the trademark application?
After Step 3 above, the public has up to 30 days to take action. If no opposition is filed and approved by the Legal Affairs officers, the IPO will issue the Certificate of Registration.
After the first and second publication of Issuance and Opposition, the applicant should file for Declaration of Usage within three years of receiving the issuance certificate.
After the second Publication for Opposition & Issuance of the Certificate, a Declaration of Actual Use (DAU) must be filed within three years of the certificate’s issuance, which takes place within 3 years of the certificate’s issuance.