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.

Requirements checklist:

  • General information about the applicant such as name, address, nationality and objective.
  • Priority documents, if required.
  • Twelve (12) prints of the mark size 3.5 cm x 7 cm.
  • Nice classification.
  • Power of Attorney, simply signed.
  • Declaration of Actual Use three (3) years from the filing date.