If you own an enterprise/company, it is highly essential to obtain a trademark, as it gives a sense of authenticity of the service or product that you are going to offer. You can trademark anything, from scents to names, or even holograms. Trademarks help in saving up some critical stuff that runs your company. If you are looking to Register a Trademark of your company in the Philippines, then this article is for you.
What Is Intellectual Property?
Intellectual properties are properties that are the creations of the mind such as Inventions, artistic words, logos etc. They are properties that are usually untouchable by companies in fear of someone misusing it. Intellectual properties are typically divided into the following categories:
- Trade Secrets
Intellectual Property Rights in the Philippines
An intellectual property right is just like any other right in which the law allows owners or creators of copyrights, patents and trademarked businesses benefit from their work in an invention/creation. In the Philippines, Republic Act No. 8293 is an act that outlines the intellectual property rights in the country. The Government of Philippines states that" The country recognises an intellectual/industrial Property system is essential for the economic development, by attracting foreign investments, transferring technology which in return ensures market access. this will protect the right the exclusive rights of inventors, artists and other people.”
Types of Intellectual Property Rights in the Philippines
There are seven types of Intellectual Property rights in the Philippines, which are as follows:
- Copyright and Related Rights.
- Trademark and service marks;
- Geographic Indications;
- Industrial Designs;
- Layout Designs/Topographies of Integrated Circuits; and
- Protection of Undisclosed Information.
Steps to Take Care of Before Registering a Trademark
A trademark is a recognisable design that identifies products/services legally as intellectual property. The trademark laws in the Philippines are compliant with the Republic Act no. 8293, which is an act that prescribes the intellectual property code. A trademark cannot be registered if,
1. It consists of immoral, deceptive or disgraceful matter, or matter which can criticise or incorrectly recommend a reference to persons, living or dead, establishments, beliefs, or national symbols, or bring them into contempt or disrepute;
2. It consists of the flag or coat of arms or different badge of the Philippines or any of its political subdivisions, or any foreign nation, or any simulation from there
3. If the trademark contains a reputation, portrait or signature distinctive a specific living individual except by his written consent, or the name, signature, or likeness of a deceased President of the Philippines, throughout the lifetime of his widow, if any, except by written consent of the window;
4. Is identical with a registered business mark of:
(i) similar merchandise or services, or
(ii) Closely connected merchandise or services, or
(iii) If it nearly resembles such a mark on being possible to deceive or cause confusion;
6. Is probably going to mislead the general public, notably on the character, quality, characteristics or geographical origin of the products or services;
7. Consists entirely of signs that square measure generic for the products or services that they look for to spot
8. The Trademark Consists altogether of symbols or of indications that became customary or usual to designate the products or services in everyday language or authentic and established trade practice;
9. Consists entirely of signs or of indications that will serve in trade to designate the type, quality, quantity, supposed purpose, value, geographical origin, time or production of the products or rendering of the services, or different characteristics of the products or services;
10. Consists of shapes that will be necessitated by technical factors or by the character of the products themselves or elements that affect their intrinsic value;
11. Consists of colour alone, unless outlined by a given kind or is contrary to public order or morality
If you are looking to register intellectual property in the Philippines, we do provide services for you. Click here to know more.
Documents Required for Trademark Registration in Philippines
The application required for a trademark should contain the following:
- Registration request
- Name and address of the applicant (should be a local agent if the company is foreign-based)
- Country and residence of the company
- Designation of goods and services
- Indication whether the trademark is 3-D or not
- A translation of the trademark or some parts of it.
After writing the application, these are the following documents required:
- Application form
- Trademark sample
- Signature of the Power of Attorney (in case if the local agent is applying for the company)
These are some of the things you need to add in your application. Here is the process to register your trademark.
Process of Registering a Trademark in the Philippines
- The government charges P2592 Pesos for a one class trademark. For multiple classes, multiply the number of classes to the amount. For a coloured trademark, P600 Pesos is charged extra per class.
- Once the application is filed, a trademark examiner from the IPO will search to determine whether there are similar trademarks or not and will signify his comments or objections in the form of a Registrability Report.
- Failure to respond to these requests will cancel your application.
- If the examiner doesn’t have any objections, a Notice of Allowance is issued, which costs about 3151 pesos.
- Third-party companies can appeal within 30 days to oppose the application.
- If no one appeals, then the application will become valid, and the corresponding Certificate of Registration will be received in 3 to 5 months.
After registering, you will finally receive a trademark. Here are some of the benefits of a Trademark
Benefits of Availing Trademark Registration
The benefits of availing Trademark Registration services include:
- Increase in customer loyalty towards the business/brand
- Security for financial instruments
- Source of innovation
- Marketing and Branding of the company
- Setting aside your business from others
So, registering a trademark has now become more comfortable in the Philippines. With the government supporting newer enterprises to come and trade within the country, it is vital to get your company trademarked. We at Business Setup Worldwide can help you out in getting a Trademark for your company, and it's that simple! Contact us for more. We are happy to help you