A trademark is a
word, a group of words, sign, symbol, logo or a combination thereof that identifies
and differentiates the source of the goods or services of one entity from those of others.
BENEFITS
- A trademark protects a business’ brand identity in the marketplace.
- Registration of it gives the owner the exclusive rights to prevent others from using or
exploiting the mark in any way.
- Aside from being a source-identifier, differentiator, quality indicator, and an advertising
device, a protective mark may also bring another stream of income to the owner through
licensing or franchising.
TERM OF PROTECTION
- A trademark can be protected in perpetuity if regularly monitored and properly maintained.
- The period of protection is ten (10) years from the date of issuance and is renewable for a
period of ten (10) years at a time.
Trademark Application in IPO Philippines
Step 1: Filing of an application
File an application to the Bureau of Trademarks at the Philippine Intellectual Property
Office. You’ll need to submit a list of requirements along with it.
It used to be possible to file an application online. But the service has not been running or getting
errors as of late. After filing and paying the necessary fees, an examination for completeness
of the submitted requirements will be done by the duty officer. Afterwards, you’ll receive
your application number.
Step 2: Search and Examination
the process of searching is done to determine whether there are existing similar or identical
trademarks to the one being applied for. Afterwards, the application will be examined to see
if it complies with all rules and regulations. The application will be rejected if it doesn’t.
Some of the common objections involve prior conflicting rights with another proprietor, conflicts
with a well-known trademark, distinctiveness, descriptiveness, and too broad description of
goods and services, among others.
Step 3: Publication in IP Philippines Gazette
The trademark is published in the IP Philippines Gazette once the trademark is approved.
This is done to let the public know about the registration and give concerned parties a
chance to oppose it if deemed necessary.
Step 4: Opposition (if any)
The public is given up to 30 days from the issuance of the eGazette to oppose the trademark. After
the Director of the Bureau of Legal Affairs verifies that there is no notice of opposition, the
office will issue the Certificate of Registration.
Step 5: Registration
The Certificate of Registration will again be published in the IP Philippines eGazette for the
second time then entered in the official records. This will be valid for a period of ten (10)
years, after which a request for renewal can be filed.
The entire process can take an average of 18 to 24 months. It might seem like such a long process to
undertake. However, being registered will give you the peace of mind you need, knowing
that only you have the exclusive rights to use your logo or trademark.
