The process for trademark registration in the Philippines is a tightly regulated formal legal procedure through which a business owner can secure exclusive rights to an identifiable name, design, symbol, sound, or scent. It allows businesses to protect their intellectual property from third-party infringement and unauthorized use. The Philippine Patent and Trademark Office (PTO) administers the trademark system and provides registry services for trademarks.
Philippine trademarks harmonize with the Paris Convention for the Protection of Industrial Property provisions. Nearly all registered trademarks are registered with the PTO. The PTO compiles data on trademark applications, registers trademarks, and approves marks for publication in the Official Gazette. Once registered, a mark becomes an effective private legal shield against infringement by other parties.
What is the process for trademark registration in the Philippines?
When you apply for a trademark, it takes longer than when you apply for a business permit, which is usually granted within a few days. The time needed to finish the application process might be approximately 6 to 18 months. This is due to the fact that the application is reviewed and published.
The following paperwork has to be presented when requesting a trademark through the IPO:
- An application
- Brand-name example (attached to the application form)
- Power of Attorney, especially trademark agent.
The IPO will carry out a trademark search to see whether any similar marks exist after submitting the application. It will then be given to a Trademark Examiner, who will review the application and submit Registrability Reports containing any objections or comments. Paying attention to these reports is essential since the application will be abandoned unless a response is provided to them within two months of the report’s mailing date.
The IPO will issue a Notice of Allowance if the Trademark Examiner does not object to the application and the objections were handled correctly.
The application will be published in the IPO’s electronic Gazette after paying the fees. Third parties may object to the application within thirty days after publication. If the application is opposed, the processes will now be adversarial since they will be brought before the Bureau of Legal Affairs of the IPO. The procedure in such a matter is comparable to that in courts. Affidavits are used for testimony in this brief process.
The application will be presumed registered, and the related Certificate of Registration will be issued in about three to five months if there are no objections to the application within the publication period.
Conclusion
Proper trademark registration is essential for businesses in the Philippines that want to protect their intellectual property from infringement. By following proper procedures and submitting the correct documentation, businesses can avoid potential legal disputes and damages.We hope this article enlightens you about the need and specifications for trademark registration in the Philippines. We, the Brealant, the fastest growing law firm available, provide you with assistance and guidance in acquiring rights on business. For further information, visit our website and discuss all your intellectual property-related questions with our experts.