The Philippines is a country emerging as one among the global leaders of business and investment opportunities. There are many fields to start your company in with a promising future. When you're setting up a business in the Philippines, there are some factors you need to be aware of. Among them Trademark; a form of intellectual property is one.
A trademark is what used to differentiate between goods and services from each other. It can be designed or formed in any way. It could be design, letters, sign, word or group of words, logo or a combination of all those things. Once a company sets the trademark, it will clear the difficulty and makes it easier for a consumer to recognize the source of products they belong to. Even if you're an investor or a businessman planning to start your own company in the Philippines trademark is one of the essentials while registering the company in modern day marketing. This way the trademark gives you assurance and protection of your company good’s authenticity.
These are some steps you need to go through and the procedures you need to follow after incorporating a business in the Philippines to get your Trademark registered.
1. Application Filing
The very first step while registering your trademark in the Philippines is the filing of your application. You need to submit a completed application to the Bureau of Trademarks of the Philippines Intellectual Property Services. The submitted application must include the requirement list for your trademark registration in the Philippines.
- A request for registration
- Applicant’s name and address proof
- Name of the state the applicant’s business establishment is in.
- Details of the trademark symbol like colours, words, design, sign, logo and any figures that are used while forming the submitted trademark.
- A sketch or drawing of the trademark.
The application should be written in the language of Filipino or English. It should be addressed to the Director of IPO. After the Bureau of Trademarks has handled examined your application thoroughly, you will be issued with a number. After a Duty Officer finished the filing, you have to pay the fixed amount of fee. This process might take a couple of months at most. Make sure you make no errors while applying because you may have to start filing from scratch if your application has mistakes.
2. Search and examination
Since all the registered trademarks are protected with laws concerned with intellectual property, their data will be stored in the database of the Philippines IPO. To examine the authenticity of the trademark you have submitted, it has to go through a thorough search in the database as an examination to make sure there are no identical registered trademarks in the market. If they are the trademark should not be offensive, immoral, scandalous. The process of examining your trademark to check and cover factors like is it viable under rules and regulations may take some time, 6months at least to get the trademark approved.
Once the IPO of the Philippines approves the trademark, a notice will be sent to the applicant stating the details of trademark approval. After that, it is mandatory for any trademark to be published in the IP Philippines Gazette. The public will have a chance to raise the opposition regarding the publication of the trademark. Any business entity or an individual responsible for it can oppose if they think the publication violates the trademark that is already registered to their name. If they find a publication imitative, damaging to their reputation, they will be given a period of 30 days from the date of publication in the Philippine Gazette for the opposition.
After a party has filed for disagreement regarding the trademark publication, the Intellectual Property Office reviews it. It has to through the review process to make sure the opposition has actual content, authenticity and no false claims. After verifying the notice of opposition, it should be filed with notarized witness affidavits, proof of necessary corporate authorization, original or certified supporting documents and Special Power of Attorney information details attached to it. If the opposition is brought forward and executed by someone who is not located in the region of the Philippines, the authentication must be approved by the Embassy of the Philippines or the country these documents were executed in. There will be a preliminary conference and its termination regarding the results of both sides; publication and opposition. After that, the IPO will issue an order for both the parties to present their final position paper within 10 days, in open court.
The public is kept open to the chance of raising opposition for 30 from the date of publication, regarding the trademark. As mentioned in the opposition, after 10 days, the case will be open for a final decision which is issued within 60 days from the last submission date of the situation. In case of no opposition for the duration, the publication will be reviewed and verified by the Director of Bureau of Legal Affairs in IPO. After going through the authentication review process, the trademark will be published in the IP Philippines once again to confirm the registration’s entry to the official records. The certificate has the validity of 10 years with renewal options. The trademark registration fee in the Philippines is P5000, and if you outsource it to a business service company, it is P15000. The process of registering a trademark is lengthy and takes up to 24months.
Registering your company’s intellectual property is very necessary and much more critical in the modern-day market. If you want to maintain the authenticity of your company or brand, you need to go through the trademark registration process which is buried in statutory factors and time-consuming. We at Business Setup Worldwide can help you with making this process more relaxed and hassle-free. Our team of experts who are well-versed with the laws of the Philippines are more than happy to help you with the related services. If you are looking for business services in the Philippines, contact us-we’d be glad to assist.