Filing requirements in Philippines
a) A formal application can be submitted by individual, company, and foreign nationals name and representation of the mark (word, a group of words, sign, symbol, logo or a combination thereof)
b) Class(es) according to the Nice Classification.
c) Specification of goods or services.
d) Applicant details: name, nationality, legal status, and complete address.
e) Priority details (if claiming priority): the priority application number, filing date and the priority country. The application for a trademark claiming priority from a convention country can be filed in Phillippines within 6 months from the priority date.
f) Declaration of
Actual Use (DAU): requisite documents showing use of mark for the goods and
services it covers.
Other Requirements
Publication: English or Filipino. In case foreign language (Text/Symbols/Icons must be submitted with their English translation.)
Multiple Class Applications: Multiple class trademark applications are allowed in Phillippines.
Power of Attorney: Simply executed Power of Attorney to be submitted simultaneously with the application
Priority Document: Certified copy of the Priority Document within three months from the filing date of the Philippines application along with a certified English translation (if required).
Declaration of Actual Use(DAU): It is necessary to submit a Declaration of Actual Use (DAU) and evidence of use within three years from the date of application
Validity Term: 10 years from the date of filing date. The trademark can be renewed from time to time for an unlimited period by payment of renewal fees.
Formality and Substantive Examination: trademark applications undergo two key examinations. First is the formality examination, where the examiner checks for administrative compliance. A successful formality check means the application is accepted and a filing date is assigned, allowing the application to proceed to the next stage.
Next is the substantive examination, where the Registrar evaluates the mark's distinctiveness, and potential conflicts with existing trademarks. Any objections must be addressed by the applicant within two months of receiving the examination report.
Notice of Allowance- If the response to the examination report is acceptable, a notice of allowance is issued. The Applicant has then pay requisite fee for publication of the said mark within two (2) months of issuance of allowance notice.
Publication and Opposition: In the Philippines, trademark opposition process involves filing a notice of opposition within thirty (30) days of publication, with potential extensions. If no opposition is filed a trademark Registration Certificate is issued.
Renewal: The trademark can be renewed for subsequent 10-year periods by filing a renewal application. The request for renewal may be made at any time within six (6) months before the expiration trademark registration, or within six (6) months after such expiration, subject to the payment of the prescribed additional fee or surcharge.
Non-Use Cancellation: A trademark may be cancelled if it has not been used fora continuous period of three years from the date of registration.
Reference Guide Trademarks-The Process
STEP 1 - Search for Similar Existing Marks -Though it is not a mandatory requirement, however it is recommended to conduct a search on the records of the IPOPHL, to ensure that there are no identical/similar mark present and the applied mark is unique.
STEP 2 –Filling of Application -Submit an online trademark application through the IPOPHL's e TM File system along with details such as a clear specimen of the trademark, description of goods and/or services covered by the mark, priority document (if priority claimed) and simply signed power of attorney along with the requisite fee.
STEP 3 – Examination - After filing the application, IPOPHL examines the application to ensure it meets the formal and substantive requirements as per the law. If any discrepancy is found, the IPOPHL will issue an examination report. The applicant shall respond to the examination report within 2 months.
STEP 4- Advertisement - After the mark is determined to be register able, it is published in the IPOPHL eGazette for opposition.
STEP 5- Opposition -The opposition period last for 30 days during which any third party can file opposition against the trademark application. The Applicant then file a verified answer/counterstatement within the stipulated time. Thereafter, the matter either goes into mediation or is then decided after documentary evidence is filed by the adjudicating officer.
STEP 6: Registration - If no opposition is filed or if the opposition is successfully resolved in favour of the Applicant, a Trademark Registration Certificate is issued.
STEP 7: Renewal - The trademark can be renewed for subsequent 10-year periods by filing a renewal application and paying the required fees.
STEP 8: Declaration of Actual Use(DAU):The applicant or registrant must submit a Declaration of Actual Use (DAU) along with the supporting Evidence of Actual Use (EAU).
Fee Schedule(PHILIPPINES) TRADEMARKS
|
SERVICES |
OFFICIAL FEES |
PROFESSIONAL FEES |
|
Conducting trademark search and providing legal opinion on availability and registrationof trademark |
N/A | 230 |
| Filing of trademark application (1 Class) | 58 (per class) | 400 |
| Claim of convention priority | 40 (per class) | N/A |
| Claim of Color | 13 (per class) | N/A |
|
3rd Year Declaration of Use/monitoring of deadline |
42 (per class) | 260 |
|
Single extension of six (6) months for 3rd Year Declaration of Actual Use |
88 | 240 |
| Request for Priority Examination | 143 | 240 |
|
Response to Office Action/ monitoring due date |
N/A | 390 |
|
Response to Notice of Provisional Refusal involving Madrid Applications designating the Philippines; Filing of Power of Attorney |
N/A | 350 |
| Payment of publication fee and issuance fee | 71 | 260 |
| Revival of abandoned application | 26 | 260 |
| 5th year Declaration of Actual Use | 54 (per class) | 265 |
| Renewal of TM Registration | 150 (per class) | 430 |
| Renewal Declaration of Actual Use | 54 (per class) | 265 |
|
Recordal of title changes in trademark applications or registrations (Change of Name, Merger, Assignment) |
19 (Tm Application) 40 (Tm Registration) |
230 |
Conclusion
Trademark registration in the Philippines, administered by the Intellectual Property Office of the Philippines (IPOPHL), provides 10 years of protection from the filing date, renewable indefinitely. One of the most distinctive features of the Philippine system is the Declaration of Actual Use (DAU) requirement - applicants must submit evidence of actual use of the trademark within three years of the application date, with further DAU filings required at the fifth year and at each renewal, making ongoing compliance an essential part of trademark management in this jurisdiction.
The Philippine system also operates on a relatively short opposition window of just 30 days post-publication, making it critical for trademark owners to actively monitor the IPOPHL eGazette and act swiftly to challenge any potentially conflicting applications. Multi-class filings are permitted, which is a significant advantage for businesses with broad product or service portfolios. Non-use cancellation applies after three years of non-use, reinforcing the importance of genuine commercial deployment of the registered mark.
Given the DAU obligations and ongoing monitoring requirements, managing a trademark in the Philippines demands a proactive and well-organized approach. Engaging experienced IP counsel ensures that all filing deadlines, use declarations, opposition windows, and renewal obligations are consistently met - safeguarding your brand rights in this dynamic and commercially significant market.
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