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.