Philippines

Legal framework The main laws governing intellectual property in the Philippines are: the IP Code (RA 8293/1998, as amended by RA 9150, 10372 and 9502); the Plant Variety Protection Act (RA 9168/2002); and the Technology Transfer Act (RA 10055/2009).The Philippines is a member of the Madrid Protocol.

Trademark registration classification:

Nice Classification

Requirements:

  • The name and address of the applicant;
  • The name of a State of which the applicant is a national or where he has domicile; and the name of a State in which the applicant has a real and effective industrial or commercial establishment, if any;
  • Reproduction of the mark;
  • List of Goods and services are classified into different classes which are guided by the Nice Classification.
  • A simply signed Power of Attorney is sufficient for the appointment of a resident agent or representative.
  • Plain copy of the home application, if priority application is claimed.

Procedure:

  • A trademark application should be filed with the Intellectual Property Office of the Philippines.
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
  • The trademark is published in the IP Philippines eGazette once the trademark is approved.
  • The public is given up to 30 days from the issuance of the eGazette to oppose the trademark.
  • After the Director of the Bureau of Legal Affairs verifies that there’s no notice of opposition, the office will issue the Certificate of Registration.
  • The Certificate of Registration will again be published in the IP Philippines eGazette for the second time, and then be entered in the official records. 
  • It takes approximately 8-12 months from first filing to registration.

Duration and Renewal:A trademark registration is valid for 10 years from the date of registration.The registration is renewable for periods of 10 years.

 


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