Trademark: Philippines

What is a trademark?

A trademark is a word used by a person or business to identify his goods or services and distinguish them from similar goods and services offered by others.

What marks may be registered?

To be registered, a mark must first of all be a visible sign. Secondly, it must be capable of distinguishing one's goods and services from those of another. Some common examples of marks are: words (invented or belonging to a known language); names and first names; signatures; numbers; acronyms, letters or combinations of letters, number and signs, logos; slogans; designs, figure and pictographs; portraits of people; collections of words and graphics and complex signs associating verbal and graphic signs, e.g. labels; among others.

What mark may not be registered?

A mark may not be registered if it is immoral, deceptive or of a scandalous matter; if it is the flag, coat of arm or insignia of the Philippines or any of its political symbol; a name, portrait or signature identifying a particular living individual without his written consent; identical with a registered mark whether or not registered in the Philippines but well known internationally; if it misleads the public; signs that are generic for the goods or services; shapes that may be necessitated by technical factors; color alone, unless defined by a given form and/or anything contrary to public order or morality.

Who may apply for a trademark?

An applicant for a trademark may be a natural person, or juridical person and all applications should be in the name of the applicant, who may sign the application. If there are more than one applicant, all of them should be named as applicant but anyone may sign the application for and in behalf of all applicants. If the applicant is a juridical person, any officer may sign the application.

What are the requirements in filing a trademark?

The requirements in filing a trademark application are:
1. A Request for Trademark Registration form containing the following:

a. Title of the Mark
b. Name & Address of Applicant
c. Citizenship or state of incorporation
d. List Goods or Services
e. Class or Classes according to the NICE classification
f. Claim of Priority, if any
g. Translation/Transliteration, if any
h. Disclaimer, if any
i. Specific Description of the mark
j. Claim of Color, if any

2. Formal drawings & small facsimiles containing the mark in the required IPO format
3. Power of Attorney

What is the term of registration of a mark?

A certificate of registration shall remain in force for ten (10) years; provided that, without need of any notice from the Bureau of Trademarks, the applicant shall file a Declaration of Actual Use (DAU) and evidence to that effect within three years from the filing date of the mark. If the DAU is not filed within the prescribed period, the mark may be refused or removed from the registry. The registration may also be renewed for a period of ten (10) years after its expiration and there is no limit as to the number of times the registrant may request for the renewal of his registration provided the prescribed fees are paid.

Are multi-class applications allowed by the IPO?

Yes, multi-class applications are allowed.

What will it cost to file a trademark?

For information on our trademark services, please send an e-mail to: patentprose@skyinet.net.