Philippines Trademark Registration
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.
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.
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)