A mark is any visible sign that is capable of distinguishing the goods or services of an enterprise.[1] Company logos, marketing taglines, and even the entire packaging design on goods and services, are examples of trademarks. Some of the most famous brands in the market today are identified through their trademarks. For this reason, it is vital that you register your trademark. We outlined below simple steps to follow in registering your trademark.
1. SUBMIT. Make sure to have the following ready: your name and contact details, a reproduction of the mark that you wish to register, and a list of the goods or services that your mark would cover.[2] Other information could be necessary depending on your specific circumstances. You may then submit all relevant information to thePhilippine Intellectual Property Office (IPO).[3] With the pandemic, you might prefer filling-in these details through the online portal which can be accessed at https://www.ipophil.gov.ph/etm-file-trademark/.
2. PAY. As with other government transactions, filing trademark applications entail costs.[4] Government fees could reach around Php 3,500 to 5,700.[5] Note that the IPO recently disallowed the option to pay manually through its office cashier. Instead, you may pay online through the IPO’s partner institutions such as Dragonpay.
3. RESPOND. After successful payment, the IPO will look into the sufficiency of the application,[6] and check if the trademark complies with the requisites for registrability.[7] Should the IPO need any clarification, it may send you a registrability report which contains questions concerning your application. You need to respond to this not later than two months from its mailing date.[8]
4. WAIT. Once the IPO is satisfied with your trademark application, it will issue a Notice of Allowance which will require you to pay the publication fees. Once paid, the IPO will cause the publication of the application in the IPO Trademark Electronic Gazette.[9] For a period of 30 days, any person who believes that he would be damaged by the registration may file an Opposition.[10] If nothing is filed or if the IPO denies the Opposition, you will receive a Notice of Issuance requiring you to pay the second publication fee and the fee for the issuance of the Certificate of Registration. Once paid, your Certificate of Registration will be issued.[11]
Register your trademark in four easy steps: submit, pay, respond and wait.
For questions regarding the article “4 Easy Steps to Follow in Registering your Trademark”, email us at [email protected].
Note: The article above is for informational purposes only and does not constitute legal advice.
[1] Sec. 121, IP Code of the Philippines.
[2] Sec. 127.1, IP Code of the Philippines.
[3] Sec. 127.1, IP Code of the Philippines.
[4] Sec. 127.2, IP Code of the Philippines.
[5] https://www.ipophil.gov.ph/services/schedule-of-fees/trademark-related-fees/
[6] Sec. 132.1, IP Code of the Philippines.
[7] Sec. 123, IP Code of the Philippines.
[8] Rule 610, Implementing Rules and Regulations on Trademarks
[9] Sec. 133.5, IP Code of the Philippines.
[10] Sec. 134, IP Code of the Philippines.
[11] Sec. 136, IP Code of the Philippines.
