Trademarks Law in Philippines
Trademark law in the Philippines is governed by the Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines, enacted in 1997 and amended over the years to strengthen trademark protection.
📄 Trademark Registration Process
Filing the Application:
Applications are filed with the Intellectual Property Office of the Philippines (IPOPHL).
Applicants must provide a clear representation of the mark and specify the goods/services covered, classified under the Nice Classification.
Both local and foreign applicants can file; foreign applicants must appoint a local agent or attorney.
Formal Examination:
IPOPHL examines the application for completeness and compliance with formal requirements.
Substantive Examination:
The application is examined for registrability, including distinctiveness and conflicts with prior trademarks.
Publication:
If the mark passes examination, it is published in the IPOPHL e-Gazette for opposition purposes.
Third parties have 30 days from publication to file an opposition.
Registration:
If no opposition is filed or if opposition is resolved in favor of the applicant, the trademark is registered.
A certificate of registration is issued.
⏳ Duration and Renewal
Initial Term: 10 years from the registration date.
Renewal: Can be renewed indefinitely for successive 10-year terms.
Grace Period: A 6-month grace period is allowed for late renewal with additional fees.
⚖️ Use Requirement and Cancellation
Use Requirement:
Trademark must be used within 3 years from registration to avoid cancellation for non-use.
Cancellation:
Third parties may file for cancellation due to non-use or other grounds like genericness or fraud.
🌍 International Treaties
The Philippines is a member of the:
Madrid Protocol (allowing international trademark registration designating the Philippines)
Paris Convention (priority rights for earlier filings in member countries)
TRIPS Agreement
🛡️ Enforcement and Remedies
Trademark owners can enforce rights through administrative and judicial actions, including:
Injunctions
Damages and account of profits
Criminal penalties for counterfeiting or infringement
✅ Summary
The Philippines provides strong trademark protection under the Intellectual Property Code.
Registration is through IPOPHL with a 10-year term, renewable indefinitely.
Use within 3 years is required to maintain registration.
The country participates in international treaties facilitating cross-border protection.
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