Trademark Application

Trademark, as defined by the Intellectual Property Office of the Philippines (IPOPHIL), is a word, a group of words, sign, symbol, or a logo that identifies and differentiates the source of the goods or services of one entity from those of others.

Trademarking grants the Company a security for their brand as their intellectual property which prevents rivals from copying or stealing their brand. It also boosts the Company’s value and is used as a marketing strategy to enhance brand recognition and entice more consumers.

Here are the requirements and steps on registering a trademark in the Philippines:

• Filled out Trademark Application Form using eTM File (Online)
• Copy of the Mark
• Goods and services covered by the application

Steps:

1. Apply for a trademark online at tm.ipophil.gov.ph.
2. Select the type that best describes your mark.
   1. Word Mark
   2. Figurative Mark
   3. Figurative with words Mark
   4. 3D Mark
   5. Stamped or marked container of good
3. Provide the type of “goods and services” that you intend to associate with the trademark being applied.
4. Check the similarity report that may hinder your application. Should there be none, click the “Priority Claim” section if it is applicable.
5. Fill out the Applicant details. If the application is being processed by a representative, you must also provide the Representative’s details. Note that when transacting through a representative, all subsequent documents from IPOPHIL will be sent to the latter.
6. Applicants with assets valued at PhP100 Million and below are classified as Small Entity. Those whose assets exceed the threshold are classified as a Big Entity. An applicant might also want to request priority examination with a corresponding fee.
   Provide payor’s details, generate Statement of Account, and proceed with the payment.
7. There are various payment channels available in paying for the fees required.
8. Take note of the following important details when applying for a trademark:
   1. Process number
   2. Date of submission
   3. Time of submission
9. Check your email once payment has been made.

An electronic copy of your Statement of Account (SOA) and a copy of your application form will be sent via email once your online application was received by the IPOPHIL. You may check the status of your application via Trademark Search at ipophil.gov.ph by providing the name of the mark, name of applicant declared on the application form or your application number.

A Registrability Report will be sent to the applicant/representative. This report contains the findings of the examiner concerning the registrability of the mark based on the examination of the application in accordance with the Intellectual Property (IP) Code and the Trademark Regulations. It shall be noted that all replies must be submitted via eDocfile for trademarks. 

Notice of Allowance shall then be provided by the IPOPHIL should the trademark application has been allowed and its publication in the Official Gazette has been approved. 

A publication fee of PhP910 for Small Entity and PhP970 for Big Entity is required to be paid. Failure to pay the publication fee within two months from the mailing date of the notice will result in abandonment of the application. 

The issuance fee and 2^nd publication fee amount to PhP1,484.70 and PhP2,181.60 for small and big entities, respectively. Payment of issuance fee and publication fee will expedite the release of the Certificate of Registration should there be no opposition to the registration of the marks filed within 30 days from publication in the eGazette. However, the issuance fee shall not be refunded to the applicant if there is any opposition.

Hard copy of the Certificate of Registration will then be mailed to the registered address of the applicant/holder.