What is a trademark?
A trademark is a unique symbol, name, or slogan used to identify and differentiate goods and services. It protects your brand and helps consumers recognize your products.
Why should I register my trademark?
Registering your trademark grants exclusive rights, helps in legal disputes, builds brand recognition, and can be an essential asset for your business.
How do I register a trademark in the Philippines?
There are two options to register your trademark: you can either do it directly with the Intellectual Property Office of the Philippines (IPOPHL) or choose the convenience of an intellectual property (IP) services provider like Recurra.
Can I register my trademark internationally?
What is the cost of trademark registration?
Our service costs vary based on your jurisdiction, the number of classes, color claim, etc. We understand the regulations, fees, and processes of each jurisdiction, which can affect the overall cost. Our experts will provide a detailed breakdown of costs for you when you decide to file a trademark application.
We offer a comprehensive package for your trademark application, priced at P15,000.00. This package includes one (1) trademark application with one (1) class and does not include a color claim. If you require additional classes or a color claim, our pricing will be tailored accordingly. It is highly recommended to consult with us before proceeding.
How long does trademark registration take?
Typically, registration in the Philippines takes a few months to over a year, depending on various factors.
How long is my trademark protected?
In the Philippines, a trademark is protected for ten years from the registration date, renewable every 10 years.
What if someone else is using my trademark?
If someone is using a trademark similar to yours, legal action may be warranted. Consulting with an IP expert like Recurra is advised.
Can I sell or transfer my trademark?
Yes, a trademark is an asset that can be sold, licensed, or transferred.
What are the grounds for non-registrability?
Section 123 of the Intellectual Property Code of the Philippines prescribes grounds such as lack of distinctiveness, conflicts with existing marks, and descriptive terms.
How can I ensure my trademark remains protected?
Ongoing protection is guaranteed through regular monitoring, proper maintenance, and legal compliance. By choosing us as your agent, Recurra takes care of everything, providing you with peace of mind.
A Declaration of Actual Use (DAU) is also a crucial requirement that confirms the actual utilization of your registered trademark in the Philippines. Failure to comply may lead to the removal of the trademark.
The DAU must be submitted to the Intellectual Property Office of the Philippines (IPOPHL) according to the following schedule:
- Within three (3) years: From the filing of the trademark application or within 3 years from the international registration date or subsequent designation date.
- Within one (1) year from the fifth (5th) anniversary: Of the registration of the mark or within 1 year from the 5th anniversary of the statement of grant of protection.
- Within one (1) year from the fifth (5th) anniversary of each renewal.
- For Renewed Registrations: As per Rule 204 of IPOPHL MC No. 17-010, a DAU must be submitted within one (1) year from the date of renewal of the registration. This requirement applies to registered marks due for renewal on 01 January 2017 and onwards, regardless of the filing date of the Request for Renewal.
By submitting the DAU, we guarantee that your trademark is actively engaged in commercial use, safeguarding the rights linked to the registered mark, all of which will be diligently managed by our team.
What are trademark classes?
Trademark classes categorize goods and services according to specific industries or sectors. When registering a trademark, you must identify the class or classes that correspond to your product or service. The Philippines follows the Nice Classification system, comprising 45 different classes.
What is the difference between the ™ and ® symbols?
The ™ symbol represents an unregistered trademark and can be used by anyone claiming rights to a mark. The ® symbol signifies a registered trademark and can only be used once the trademark is officially registered with the IP office.
Can I use the ® symbol without registration?
No, the ® symbol is legally used only after registration. Before that, you may use the ™ symbol.
Should I file as an individual or a corporation?
Whether you should file as an individual or a corporation depends on your business structure and goals. If your business operates as a corporation, it's often advisable to register the trademark under the corporation's name to ensure clear ownership and protection.
Note: You can always transfer ownership later.
What if my trademark application gets rejected?
If your application is rejected, you can appeal the decision or make necessary amendments to meet the requirements. Having professional assistance from an IP services provider like Recurra can increase your chances of a successful registration.