Introduction
Certain logos and color combinations have an undeniable power to evoke specific brands. Think of Christian Louboutin’s iconic red soles—the mere glimpse of that vivid hue instantly connects the viewer to the brand, no name necessary. This kind of recognition is a powerful marketing tool, allowing brands to build strong visual connections with their audience.
To protect your brand’s unique identity and prevent others from mimicking it, you need to register for a trademark. This protects your brand and grants you exclusive rights to the symbols and identifiers that set you apart.
In this article, Yap, Kung, Ching & Associates Law Office will guide you through the requirements and process of trademark registration in the Philippines.
Requirements for Trademark Registration in the Philippines
Before registering your trademark, you must be fully prepared to ensure that the process goes smoothly. You should prepare The following basic requirements before filing for trademark registration.
- Applicant’s Information – You need to provide your full legal name and address in the application form. Additionally, you might be required to state whether you are an individual or a company registering for a trademark. If you are registering your business, you must provide information about your company address.
- Trademark Representation – A clear trademark image, illustration, or description must be submitted. If the trademark includes any graphical elements, such as a logo or specific design, these should be presented in a high-quality format to avoid any misunderstandings during the examination.
- List of Goods and Services – All the goods and services associated with your trademark must be identified and listed. Keep in mind that your list must align with the international NICE Classification (NCL) system, which categorizes goods and services into different classes.
- Power of Attorney (if applicable) – If you are a foreigner looking to trademark your business in the Philippines, you need a local representative to support you. The Power of Attorney document can officially appoint and empower your representative to act on your behalf.
- Classification of Entity – When registering for a trademark, specify whether your business is categorized as a “small entity” or a “big entity.” This will impact the filing fees and other costs involved in the process.
Steps in Registering a Trademark in the Philippines
Trademark applications in the Philippines follow a straightforward process that includes uniqueness verification, eTM file submission, trademark file submission, payment, and approval. Explore each of these steps below.
Confirm Uniqueness of Trademark
Before registering your trademark and paying fees, it is important to confirm that it is unique and not registered to another entity. You can check this using the Global Brand Database or the published brands of the World Intellectual Property Organization (WIPO).
It is essential to do your due research since marks that are identical or closely resemble an already registered trademark will be rejected.
Access IPOPHIL’s E-Services
IPOPHIL is the government body responsible for processing trademark registrations in the Philippines. To start your online application, head over to IPOPHIL’s website. From the homepage, navigate to the ‘Services’ tab and select ‘Trademark.’ Next, click on ‘Philippine TM Application,’ where you’ll be given two options: applying online or in person. For online convenience, choose the digital route, which will direct you to the eTM File page, where you can begin the process.
For foreign applicants, we recommend letting your agent or lawyer handle this aspect of the registration. Just make sure they have the Power of Attorney document to prove that they are your legal representative.
Fill Out the eTM File
Once you have access to the eTM file, the next step is to input all the necessary information, including your trademark type, comprehensive description of goods and services, priorities, and personal/company details.
Remember to fill out all the fields accurately and provide all the required details about your trademark. Failing to meet this requirement for trademark registration in the Philippines might result in delays or rejection of your request.
Pay Online
Once you have completed your eTM file, you must process your payment. Under IPOPHIL MC No. 2020-036, all online payments must be processed through Dragonpay or VISA credit card payment facilities.
Remember that even if you process your eTM File online, the payment can still be made on-site. This is because the classification of your business and the number of classes under which your trademark falls could affect the amount of your fee. Naturally, payments amounting to Php100,000 and above are processed by the IPOPHIL office cashier.
Wait for Approval
After paying the fees for your trademark registration in the Philippines, you will receive a confirmation receipt. This affirms that you have completed the filing process, and all that is left to do is wait.
During this time, IPOPHIL will check your registered trademark for potential conflicts with existing marks to ensure that your application meets legal standards. Additionally, your trademark could be posted at the IPOPHIL TM Gazette to see if there is any opposition from the public. If there are no objections to your trademark within the prescribed period, you will be given a certificate of registration, proving that you are the sole owner of your chosen trademark.
Cost To Register a Trademark in the Philippines
Registering a trademark incurs several fees because you are purchasing the right to a specific logo, words, or color. The amount you would have to pay will depend on the classification of your business (big or small entity) and the type of service you need.
The good thing about IPOPHIL is that they are transparent when it comes to their charges. You can compute how much you will pay by checking their list of trademark-related fees. If you are working with a lawyer or a representative, you must account for a separate set of fees.
Conclusion
Trademark registration in the Philippines is one of the crucial steps you need to take as a business owner, especially if you want to protect your intellectual rights and your business’s unique identity. By following the steps and ensuring that you have the proper requirements, you can successfully get your trademark approved by IPOPHIL.
For big entities or foreign business owners looking to trademark a business, you have the option to hire a local representative or a trademark lawyer from Yap, Kung, Ching & Associates Law Office. We are experts in processing trademark requirements, ensuring your mark will be legitimized as quickly and efficiently as possible.
Check out our business registration services to navigate how we can assist you. For more information, please contact us.
