Trademark Registration

Differentiating the goods and services you offer from your competition is an effective marketing strategy, especially if you want to rise above and beyond in a highly competitive market.

Applying for a trademark is one way to let the public identify your brand. Aside from making your products and services distinctive, it is perhaps one of the most valuable assets your business can have.

Trademark Registration in the Philippines

What are the things I can use as a trademark?

You can use a word (or a group of words), a logo, sign, a symbol, or any combination of these elements as your brand’s trademark.

There are several conditions that may lead to the prevention of your mark’s registration. Marks that are descriptivemisleadinggeneric or customary to trade, and contrary to public order or morality are denied registration by the Intellectual Property Office of the Philippines.

Meanwhile, some cases are given consideration, especially if the mark

  • Contains names, portraits of persons, maps, flags, and other political symbols;
  • Features certain shapes and colors;
  • Causes confusion;
  • Identical or very similar with well-known marks.

 

What is the difference between a trademark and a service mark?

In the Philippines, a trademark often refers to both the trademark itself as well as the service mark. You should note, however, that a service mark is different as it is mainly used for services.

 

What are the perks of registering a trademark?

  • Your brand, along with the goods and services you offer, will be easily identified by the public. This will lead to satisfied customers continuously patronizing your products and services.
  • If properly utilized, you can earn revenues from your registered trademark. This is through licensing the use of the trademark by another business, as well as through franchising agreements.

How to protect your trademark?

The best way to protect your mark is to register it with the IP Philippines. Once registered, you will be granted the exclusive right to use the mark. You can prohibit others from using it, or earn money by licensing the mark.

Do note, however, that the right to a trademark is on a first come, first serve basis. The first individual to file for a mark’s application is granted the right to a trademark. Before you file a trademark application, it’s best to log on the trademarks database and look for similar or identical marks to avoid conflicts.

Marks that are found to be similar or identical to other marks known locally or internationally will be refused registration by the IP Philippines. If, however, your mark is unique, you will be granted registration, thereby protecting your mark in the Philippines.

 

Requirements for trademark application

To register your mark, you must have the following requirements:

  1. A duly accomplished trademark application form, which you can download here;
  2. A clear drawing of the mark, with the following specifications:
    1. Must be in .jpeg format and not exceeding 1MB in size;
    2. 8 mm x 76.2 mm (or 2 inches x 3 inches) in dimensions;
    3. Mark should be black and white, unless claim for color/s is included;
  3. Payment of fees

 

For more information about trademark registration, log on to IP Philippines’ official website or the Government of the Philippines’ Official Gazette. For any assistance, contact us at info@duranschulze.com or (+632) 478 5826.