TRADEMARK IN PHILIPPINES
Trademark in Philippines includes three stages: trademark search in Philippines, Philippines Trademark filing and Philippines Trademark registration. All with affordable fees.
– Stage 1: TRADEMARK SEARCH IN PHILIPPINES
|Scope of work: Trademark Search||Device (logo) And/Or Word Mark
|For the 1st class||250.00|
|For the 2nd class||90.00|
– Stage 2: TRADE FILING IN PHILIPPINES
|Scope of work: Filing Trademark Application||FEE
|For the 1st class||470.00|
|For the 2nd class||150.00|
– Stage 3: TRADEMARK REGISTRATION CERTIFICATE IN PHILIPPINES
|Scope of work: Obtaining trademark registration certificate||FEE
|For the 1st class||180.00|
|For the 2nd class||00.00|
* Note: Our Fee for Trademark in Philippines includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
– You could visit here to see Procedure of Philippines Trademark Registration.
You could visit here to check the required documents for filing trademark in Philippines.
– Other questions of trademark in Philippines here.
Contact AAA IPRIGHT: Email: email@example.com
Or sending your inquiry by filling the form:
TRADEMARK CLIENT We are the trademark attorney for ABC in Turkey. We want to know that the procedure of Trademark certificate of use in Philippines. Our trademark is ABC numbered 4/2013/00__. Please give us information about the obligation to use the trademark. AAA IPRIGHT Dear B__ Thank you for your email. As for TM Reg. No. 4/2013/00___, your client has a deadline to file the 5th Year Declaration of Actual Use on 10 October 2019. Our total fee for filing the 5th DAU for this trademark registration [...]
Questions When Filing Philippines Trademark Application Our clients always raise 05 asked questions when filing Philippines trademark application: Descriptive part, removal of one part from trademark, use of expired trademark citing against new Philippines trademark, trademark according to Paris and deadline to respond to office action. 1. Is this acceptable for Philippines Trademark including descriptive part. For example, ANZ Good Bar does the applicant need to remove the word “Good Bar” from the trademark before officially filing new trademark application in Philippines. Or [...]
Trademark in Philippines, Philippines Trademark, Philippines trademark law Understanding Philippines trademark law and procedure of Philippines trademark registration is very essential for any individuals and organizations. The following will provide all necessary information of trademark in Philippines. Firstly, according to the provisions of Philippines Trademark Law, a trademark is defined as a sign used to goods/services of other organizations/individuals. Hence, a sign could be considered as a trademark in Philippines when it meets conditions in accordance with Trademark Philippines Law: It [...]
Procedure of trademark in Philippines shall include the following steps: Step 1: Trademark Search in Philippines (Optional) Trademark search is not compulsory. However, in order to know the availability of your trademark before officially filing a new trademark in Philippines, it is highly recommended that you should conduct the trademark search. The trademark search in Philippines shall be available within 5-7 days Trademark Search Fee in Philippines: Scope of work: Trademark Search Device (logo) And/Or Word Mark($US) For the 1st class 250.00 For the 2nd class 90.00 Duration 5-8 days Step [...]
Required documents of filing trademark in Philippines include: + Power of Attorney: Sign only + Other document: + Sample of trademarks to file in Philippines + Goods/Services used under the trademark (if you know the International Class, send us your class). Otherwise, we will classify by our own end when receiving the lists of goods/services under the trademark. + Name and address of the applicant Please send us the required documents of trademark in Philippines to the following email: firstname.lastname@example.org You can also check [...]
Frequencly Asked Questions
Proving the use of the trademark in Philippines is not mandatory, but the holder must submit proof of use with the first Declaration of Actual Use (DAU) within three years from the filing date and with the second DAU within five years from the date of issuance of the registration. Besides, other individuals and organizations can ask the Trademark Office to cancel the effectiveness of the protected certificate if such individuals and organizations prove that the holder does not use their trademark within following three years. However, the holder can file documents to prove the use of their trademark such as advertising, establishing business locations and especially providing customers with their items/services. Hence, the holder needs to use their trademark to guarantee their rights and benefits.
Therefore, although a trademark in Philippines is successfully registered, validity of the trademark can be canceled if not being used for a period of time.
Knowing rights after trademark registration is an important factor so that the holder can protect their trademark and deal with infringement. Hence, which rights does the holder have when their trademark in Philippines is registered successfully?
After registering trademark in Philippines successfully, the owner can use exclusively their trademark. This means that they have rights to deal with the infringement of the third party and subsequent conflicting applications and rights to follow a cancellation action against a subsequent conflicting trademark. Besides, through their rights, they can license third parties to use the trademark and claim for priority in other countries signing treaties containing provisions on priority in which Philippines has joined. The protection certificate of the trademark is valid within 10 years from the filing date and the holder can renew the process by doing renewal procedures. However, the holder needs to note that the holder shall pay renewable fees within no more 6 months before the certificate is expired and within the grace which is 6 months after the expired date. In this case, the holder needs to pay a fine for the late filing.
Therefore, knowing rights the holder has in practice is very essential for them protect their trademark in Philippines well.
The procedure of trademark registration of each nation is very different, so knowing the procedure of that country is very important to register trademark successfully.
Prior to registering the trademark in Philippines, trademark search is not mandatory but necessary to ensure that their trademark is not similar to others through several search tools such as Global Brand Database and Madrid Monitor. This shall help the holder have a better chance for trademark registration in Philippines. After searching the trademark carefully, if the holder carries out the procedure of trademark registration immediately and the trademark application has to be filed directly to the Trademark Office.
The application needs to endure three stages which are Formality Examination, Gazette Industrial Property. Substantive examination. These stages are to guarantee that the trademark is not similar with previous registered trademarks. The trademark registration spends from 6 to 8 months without opposition. Finally, the owner can be granted certificate if they register their trademark in Philippines successfully.
Therefore, grasping exactly the procedure of trademark registration in Philippines is an important factor for the owner to register a trademark successfully.
The trademark registration in Philippines is not compulsory, so why does an individual or an organization need to file a trademark registration application in Philippines? And which benefits does this trademark registration bring?
Philippines does not require individuals and organizations to register their trademark in the Trademark Office, but trademark registration is very important and brings many benefits to the holder. For example, it shall be an essential evidence to prove the ownership of the holder if dispute occurs between the owner and other person who uses the mark illegally; it provides total protection for the mark, area of protection before national and international trademarks. In addition, the rule “first to file” is applied in Philippines so filing trademark application as soon as possible is very essential so that the holder has rights with their trademark in fact.
Therefore, the trademark registration in Philippines is very necessary for the holder with their trademark.
Today, taking part in international Agreements and Treaties is an indispensible factor for countries to generate convenience for international individuals and organizations to register their trademark in Philippines.
Participating in international treaties and agreements plays an important role for Philippines in improving the national law. Through taking part in many bilateral and multilateral treaties and agreements such as Paris Convention, Madrid Protocol, Nice Agreement, Vienna Agreement and Trips, the law in Philippines is more and more enhanced to protect national trademarks better and even international trademarks in Philippines.
Therefore, thanks to joining international treaties, Philippines have created convenient conditions for international individuals and organizations to register their trademark in Philippines as well as for national holder with trademark registration in other countries.
“First to file” is the rule to apply to register and protect the trademark in Philippines. It means that that if there are some individuals and organizations who have demand to register a trademark in Philippines, the person who file this trademark application first shall have rights and benefits with such trademark, no matter how long the holder uses their trademark. So, the owners should pay attention to how to register their trademark in order to have rights with such trademark in practice.
Therefore, the holder should file their trademark application as soon as possible to avoid losing their trademark when another person registers the same trademark before them.
Before filing trademark application in the Trademark Office, the holder needs to know whether their trademark satisfies conditions or not in order to be registered in Philippines. Hence, what is the trademark in Philippines?
According to the provisions of Trademark Act in Philippines, a trademark is defined as a sign used to goods/services of other organizations/individuals. Hence, a sign shall be considered as a trademark when it meets conditions in accordance with Trademark Act: It must a visible sign containing factors such as names; devices; certain three-dimensional shapes; colors; slogans; trade dress/getup and the trademark is capable of distinguishing trademarks of other individuals and organizations. From that, understanding the definition of a trademark and its conditions is very necessary to have a good chance to register trademark in Philippines.
Therefore, the owner wants trademark in Philippines to be protected, at least it must meet the above conditions.