Intellectual Property Office of the Philippines, (IPOPHL) is responsible for managing intellectual property rights and legislation related to patents, trademarks, and design in the Philippines.
In addition, the Philippines is a member of the Paris Convention, the TRIPS related to trade, the Budapest Treaty, and the PCT.
The trademark protection in the Philippines adopts the basis of "first-to-file". There are two ways to apply for trademarks in the Philippines: 1. Single country application; 2. Designation of the Philippines as one of the application countries through the Madrid trademark.
The Philippine trademark application takes about 8-12 months. If a refusal occurs and the applicant needs to reply. Therefore, the application time will be extended. The electronic application receipt will be obtained about 7 days after the application is submitted. >> Apply now
Materials required for filing of trademark application in Philippines
1. Individual application: ID card copy with front and back.
Company application: Copy of certificate of incorporation
2. Applicant's name and address with Chinese and English.
3. A clear graphical representation of the trademark
4. Classes of trademark applications and goods / services (※Nice Classification, NCL)
5. Trademark Use Statement, submitted after trademark approval registration (Notes ※)
Philippines trademark application process
STEP 1. Application
After submitting the required documents and fees, the application receipt will be obtained in about 1 week. (※ Applicants without a Philippine address can only apply for trademark registration through an agent).
STEP 2. Formal Examination
In case of missing application documents or non-compliance with legal requirements, the official will issue a correction notice. Gold Keen recommends that you reply within 1 month. If you fail to reply before the deadline for correction notice, the Patent Office will not accept your trademark application.
STEP 3. Substantive Examination
According to the law, the official examines whether the trademark is registrable, whether it is the same as or similar to the previously registered trademark, and whether it violates the trademark law. If the trademark application does not meet the requirements, a notice of rejection shall be issued, and a reply or correction must be made within 4 months of the notice of rejection.
STEP 4. Announcement and Registration
After the review of the trademark application, the official will be published in the Philippine Trademark Electronic Gazette for 30 days. During the announcement period, anyone can file a opposition to the trademark. Trademarks that have been determined to be registerable after opposition, Or the trademark that has no objection after the announcement will be approved for registration and issued with a registration certificate. Gold Keen will arrange to send the certificate after confirming that the information and content are correct.
(※ If there is any objection during the announcement period, IPOPHL will issue the notice and the date of the hearing.)
※Notices:
1. Within 3 years from the date of application, a notarized actual use statement must be submitted.
2. The use statement must be submitted within 5-6 years after the registration was approved and attach the corresponding evidence of use. For example, the photo of using the trademark in the Philippines actually and relevant information on the use of the product or service in the Philippines, must be submitted.
3. A trademark registration is valid for 10 years from the date of registration and could be renewed for 10 years before 6 months the expiry date.
