Philippines trademark registration

10 Commonly Asked Questions About Philippines Trademark Registration

If you have been considering starting a business in the Philippines, one of the most important things you should consider is registering a trademark to avoid the risk of someone else stealing your business’ identity. We have curated the 10 most commonly asked questions regarding Philippines trademark registration.

1) What Exactly is a Trademark?

Based on the Philippine Intellectual Property Code, a trademark is generally referred to as any visual representation that depicts the difference between each product or service sold by a business. So a trademark must be a visual entity, and it must be able to distinguish the product or service and must be unique among the others.

2) Is There a Law That Regulates Trademarks?

There is, the Republic Act #8942, more commonly known as the Intellectual Property Code of the Philippines, this law generally regulates the property rights in the Philippines, moreover, the Philippines comply to the Paris Convention for the Protection of Industrial Property Rights and the Agreement on Trade-Related Aspects of Intellectual Property Rights or simply the TRIPS Agreement.

3) What Trademarks Can’t Be Filed?

The trademark cannot be registered if it falls under one or more of the following categories:

  • It contains deceptive, scandalous or immoral matters.
  • If it contains any insignia of the Philippines.
  • If it contains the name of a person without their concern.
  • If it is a duplicate or another trademark.
  • If it is similar to another trademark.
  • If it imitates another trademark that could deceive the public.
  • If the trademark depicts a generic product or service description.

4.) Why File Your Trademark?

Your trademark is what sets you apart from other businesses, your trademark would prevent others from stealing your business’ identity, and ultimately, your trademark is an asset that could potentially be worth a lot of money.

5.) What is the difference between a Trademark and a Service Mark?

A trademark covers goods under International Class 1 to 34, and a service mark covers services under International Class 35 to 42.

6.) Is it Required That my Trademark cover goods or services that I am presently selling? If I’m Not Using My Trademark Yet, Can I File it Already?

No.

7.) How Are Rights to The Mark Acquired?

According to the Philippine IP Code, the rights to the trademark is acquired by filing it with the Bureau of Trademarks of the IPO

8.) Why Should You File Your IPO Immediately?

Because it would be processed by a first-to-file basis. This means that if you filed your trademark already, no one can file for it anymore.

9.) Is Filing Several Classes in One Trademark Allowed?

Yes.

10.) What is The Validity of The Trademark Protection?

The validity of the trademark protection after filing it is 10 years, and it is renewable immediately after it expires.

 

CtR Intellectual Property Co. is a Hong Kong Patent Application Grant authorised patent agent offering PAG agent service, professional trademark and patent application & related services. We have more than 100 cases of PAG application experience in the past 5 years, and the application success rate is over 86%. For details of the PAG, patent and trademark application, please contact us for free consulation.

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and

Hong Kong Trademark Application & Related Services

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