Philippines Trademark Registration
To protect a trademark in the Philippines, the application must be filed with the Intellectual Property Office of the Philippines (IPOPHL). The Nice Classification system is adopted, and multi-class trademark applications are allowed.
Trademark Registration Process
Trademark Search
Before applying for a trademark, you may conduct a search to find out if there are any existing trademarks similar to yours that may prevent your registration. While optional, this step is highly recommended.
Time frame: 5 – 7 working days
Trademark Application
Once the trademark application is filed, the IPOPHL will examine the application for compliance with formal requirements and for conflicts with existing trademarks. If the application is accepted, it will be published in the Official Journal. Any interested party may oppose the registration of your trademark within 30 days of the publication date. If there is no opposition from any third party, the mark will be registered and the registration certificate will be issued. However, if there is an objection, the applicant must respond to the objection within a stipulated time, or else the application will be deemed abandoned.
Time Frame
The entire process from filing to registration generally takes 8–12 months. However, if the application faces objections from the Trademark Office or opposition from third parties, the process may take longer.
Vaalidity of Registration and Trademark Maintenance
A registered trademark in Philippines is valid for 10 years from the date of filing and can be renewed every 10 years.
The validity of a registered trademark in the Philippines is subject to maintenance. It is mandatory to file a Declaration of Actual Use (DAU) along with evidence of use. Failure to do so will result in the lapse of protection for your trademark.
A Declaration of Actual Use (DAU) must be filed as follows:
- Within 3 years of the filing date
- Within 1 year of the fifth anniversary of the registration
- Within 1 year of each renewal
- Within 1 year of the fifth anniversary of each renewal
Requirements For Trademark Application in Philippines:
To file a trademark application, the following information and documents are requured:
- Applicant’s full name and address
- Representation of the trademark
- Classes and description of goods or services;
- A Certified translation and transliteration if your mark consist of non-Roman letters;
- If the applicant claims convention priority, a certified copy of foreign application is required (with English translation).
