What is trademark?

Trademark is a distinctive sign, symbol, design, word, letter or other device, including container and packaging, protected by law and used to identify certain goods or services from those of competitors. Generally, a trademark refers to both trademark and service mark, although a service mark is used to identify those marks used for services only.

What kind of signs is not allowed as trademark?

There are marks/brands that are not allowed to be registered, such as:

  1. Immoral, scandalous, deceptive, or contemptuous matter; whatever is contrary to public order or morality;
  2. The flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof;
  3. A name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow;
  4. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of:
    1. The same goods or services, or 
    2. Closely related goods or services, or
    3. If it nearly resembles such a mark as to be likely to deceive or cause confusion
  5. Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not a person other than the applicant for registration, and used for identical or similar goods or services; provided, that in determining whether a mark is well-known, account shall be taken of the knowledge of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;
  6. Is identical with, or confusingly similar to, or continues a translation of a mark considered well-known in accordance with the preceding paragraph which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registered is applied for, provided that use of the mark in relation to those goods or services, and the owner of the registered make, provided further, that the interest of the owner of the registered make are likely to be damaged by such use. 
  7. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;
  8. Consists exclusively of signs that are generic for the goods or services that they seek to identify;
  9. Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;
  10. Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value geographical origin, time or production of the goods r rendering of the services, or other characteristics of the goods or services.

What are the rights conferred by trademark registration?

The rights conferred by registration are:

  1. The right to the exclusive use of the mark for one’s own good or services.
  2. The right to prevent others from the use of the same mark for identical goods or services in the course of trade.
  3. The right to the exclusive use of one’s already registered mark even for goods or services into which one’s venture expands, if use by others for dissimilar products is likely to damage the business interests of the first venture.

How long is the trademark protection?

The rights last for ten (10) years subject to indefinite renewal for periods of ten years each.

What are the requirements for trademark registration in IPOPhl?

Below are the requirements for IPO registration of your mark:

1.  A duly filled out trademark application form. 
2.  Drawing of the mark
3.  Payment of fees

You may also file a registration of trademark online.