SummaryPHILIPINES TRADEMARK Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or service. Any logo, number, word, name, label, letter or a combination of the above may constitute a trademark .
Membership:
Philippines is a member of the Paris Convention.
Rule Followed:
"First to Use" is the rule followed by Philippines in determining priority of trade marks.
ProcedurePHILIPINES TRADEMARK APPLICATION
1.Searching
This is the first step before an application is made for the registration of a trademark .Although a prior search is optional it helps in determining the existence of previous marks.
2.Application
Every applicant is required to submit an application containing the following information.
- name and address of the applicant
- nationality of the applicant
- the state in which the applicant has his domicile, if any;
- the state in which the applicant has a real and effective industrial or commercial establishment, if any;
- where the applicant is a legal entity, the nature of that legal entity, and the state or territorial unit within a state under the law of which said legal entity was incorporated or organised.
- if the applicant is a legal entity, the name and title/official designation of its authorised signatory;
- list and classes of goods or sources to be registered.
- where there is a claim of the priority date of an earlier foreign trade mark application, the name of the country where said application was filed, the date and serial number of the foreign trademark application and a certified copy of the priority application.
3.Examination
A Trademark application is examined 12 to 18 months from the date of filing. 4.Publication
The IPO then issues a notice of allowance and publishes the application 12 to 24 months from the filing date. An application fee is required to be paid within 2 months from mailing date of notice of allowance. IPO publishes the application in the official gazette for purposes of opposition within 6 to 8 months from notice of 5.Opposition
Aggrieved parties are required to submit oppositions within 30 days from the date of publication. 6. Notice of Issuance
Where no opposition is filed a notice of issuance and publication is issued by the IPO within 3 months from the publication of the notice of allowance. 7.Registration
The IPO issues a certificate of registration within 5 to 7 months of notice of issuance subsequent to payment of fees by the applicant within 2 months from mailing date notice of issuance . The duration ChargesTrademark Application in Phillipines | Items | Official Fees (USD) | Professional Fees (USD) | | Search per mark per class | -
| 194
| | Filing application for one class excluding registration fee | 53 | 454
| Reporting the issuance of the Notice of Acceptance of the application for publication, preparing and arranging for advertisement of an accepted application in the government gazette, checking and forwarding the Certificate of Registration
| 64
| 344
| | Filing Declaration of Actual Use | 39
| 284
|
Documents Required For Filing A Trademark ApplicationBasic Requirements | Documents | Legalization/ Notarization
| Time of Filing | 1. Power of Attorney
| Not required
| On filing date |
|
Trademark 
