Philippine Trade Mark System (R.A. 8293)
Statutory basis: Intellectual Property Code of the Philippines (1997)
Registration process: Filing, examination, publication in the official gazette, opposition, if no opposition is filed during the 30-day period, registration and issuance of the certificate follows
Classification: Nice classification of goods and services, 45 classes
Common objections: Similarity with prior application or registration, contrary to public morals, descriptiveness
Opposition period: Thirty (30) days from release of the official gazette
Validity: Ten (10) years; Renewable for the same period
Intent to use: Not allowed; Declaration of actual use must be filed within three (3) years from filing date and another one within five (5) years from registration date. Non-compliance with result in automatic deletion of the registration at the trade mark registry.
Enforcement: Buying of goods in question; secure warrant to search and seize; File case with the Bureau of Legal Affairs for infringement and/or unfair competition
Remedies: Cancellation of registration; damages; injunction
Registration time frame: Twelve (12) to eighteen (18) months from filing depending on the workload at the trade mark office.