TRADEMARK LAW OF PHILIPPINES

Trademark rights in the Philippines are principally governed by the Intellectual Property Code (8293/1998) and the Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers.

 

UNREGISTERED TRADEMARK 

Remedies against unfair competition are available to the owners of unregistered marks that have established goodwill in the goods or services identified by their marks. Similar protection is afforded to the owners of internationally well known marks not registered in the Philippines against unauthorized registration or use of their marks for identical goods or services.
 

Moreover, the owner of an unregistered mark which has used its mark in good faith for the purposes of its business or enterprise prior to the filing date or priority date of a later registered mark cannot be liable for infringement of the registered mark.

 

 

REGISTRABLE MARKS

A ‘mark’ is defined in the code as any visible sign that is capable of distinguishing the goods or services of an enterprise, including
stamped or marked containers of goods. The code also provides for the registration of:
• trade names, which are used to designate, identify or distinguish an enterprise; and
• collective marks, which are used to distinguish the origin or any other common characteristic of the goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark.

 

 

TERM OF PROTECTION

A certificate of registration shall remain in force for ten (10) years: Provided, That the registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to such use, as prescribed by the Regulations, within one (1) year from the fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office. (Section 145)

 

 

PROCEDURE OF REGISTRATION

A signed application for registration of a mark, together with formal drawings and specimens, must be filed with the IPO. If the applicant is not domiciled in the Philippines, it must appoint a resident agent or representative.
 

The IPO will examine the application; if it finds that registration is proper, it will publish the application in the IPO E-gazette for opposition, subject to payment of the required fee. 

 

A notice of opposition to a trademark application may be filed within 30 days of its publication in the IPO E-gazette and upon
payment of the required fee.If no opposition to the application is filed within 30 days of its publication in the IPO E-gazette,
the mark will be deemed registered on the day immediately after the opposition period expires.

 

The registration certificate is prima facie evidence of:
• the validity of the registration;
• the registrant’s ownership of the mark; and
• the registrant’s exclusive right to use the mark in connection with the goods or services specified in the certificate.