Steps for Trademark Registration
Registering your logo or trademark is an important step in protecting your business. You can take legal action against anyone who uses your product names, designs, or logos without your authorization if you register. The Bureau of Trademarks of the Intellectual Property Office in the Philippines is in charge of trademark registration (IPO). The IPO defines “trademark” as “any visible sign capable of distinguishing business goods (trademark) or services (service mark), including a stamped or marked container of goods.”
Steps for Registering Your Trademark in the IPO
The filing and prosecution procedures for registering a logo or trademark in the Philippines are divided into five (5) steps or phases, which are as follows:
All initial trademark registration applications in the Philippines must be addressed to the Director and filed in either Filipino or English. A registration request, as well as details on the applicant and the trademark to be registered, is all required. A complete list of the requirements can be found in Part 4, Rule 400 of the Rules & Regulations on Trademarks, Service Marks, Trade Names, and Marked or Stamped Containers.
The IPO’s Bureau of Trademarks is in charge of applications. After a duty officer has thoroughly examined the application requirements and the filing fee has been paid, an application number will be issued.
- Search and Examination
The purpose of the search is to see if there are any existing trademarks that are similar or identical to the one being sought. Following that, the application will be scrutinized to ensure that it complies with all applicable rules and regulations. If it doesn’t, the application will be refused.
Prior conflicting rights with another proprietor, conflicts with a well-known trademark, distinctiveness, descriptiveness, and a too-wide description of products and services are just a few of the usual arguments.
- Publication in eGazette
Once the trademark is granted, it is published in the IP Philippines eGazette. This is done to inform the public about the registration and offer interested parties the opportunity to oppose if required.
- Opposition (if any)
The public has 30 days from the date of the eGazette to oppose the trademark. The office will issue the Certificate of Registration if the Director of the Bureau of Legal Affairs confirms that there is no notice of opposition.
The Certificate of Registration will be published for the second time in the IP Philippines eGazette before being entered into the official records. This will be valid for ten (10) years, following which a renewal request can be submitted.
The full procedure can take anything from 18 to 24 months on average. It may appear to be a lengthy procedure to follow. Being registered, on the other hand, will provide you with the peace of mind that comes with knowing that only you have the sole right to use your logo or trademark. Read More
Get new content delivered directly to your inbox.