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Philippines Trademark Registration Guide

Updated:2018-4-12 16:00:58    Source:www.tannet-group.comViews:250

Philippines trademark registration gives the trademark owner the exclusive right to use the mark and to prevent others from using the same or similar marks on identical or related goods and services in Philippines. The trademark protection granted by IP Philippines protects your mark only in the Philippines. If you want your mark protected outside the country, you will need to file applications in the countries where you want your mark registered.

I. Required Materials
The following are the requirements for filing a trademark application in the Philippines:
a.  Name of the applicant;
b.  Address of applicant;
c.  Image or representation of the trademark;
d.  Goods or services to be covered by the trademark application;
e.  Scanned copy of a Power of Attorney signed by the applicant

II. General Registration Procedures and Time-frame
Stage 1: Filing of the trademark application
Time-frame: Within three (3) days from receipt of the filing instructions

Stage 2: Examination by the Bureau of Trademarks of the Intellectual Property Office
Time-frame: Two (2) to three (3) months

Stage 3: Issuance of the Notice of Allowance with requirement to pay the publication and issuance fee
Time-frame: Payment done within three (3) days from receipt of instructions to pay the required fees

Stage 4: Publication of the mark in the e-Gazette for opposition purposes
Time-frame: Around Thirty (30) days

Stage 5: Issuance of Certificate of Registration
Time-frame: Two (2) to three (3) months from publication

III. Trademark Maintenance
Your trademark registration shall be in force for (10) years, and may be renewed indefinitely for periods of ten (10) years. However, to maintain your trademark registration, the IP Code requires you to file a declaration and evidence of actual use, otherwise, the protection granted to your mark will lapse. Thus, by law, you must submit a Declaration of Actual Use and proof of use (e.g., labels, brochures, and other evidence that you are using the mark) within the following periods:

1. three (3) years from the date of filing your application; and
2. one (1) year from the 5th anniversary of the date of registration of your mark.

The filing of Declarations of Actual use is also needed upon renewal and mid-renewal.

Actual use of the mark in commerce is very important because if you are not using the mark in your business, your mark will be removed from the trademarks register. To prove use of the mark, you need to submit the declarations of use within the prescribed period.

A trademark right is a private right and the trademark owner needs to take charge of the monitoring and enforcement of this right.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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