Trademark in the Philippines

An owner of a trademark is entitled to a trademark right if he or she registers the trademark with the IP Philippines. In exchange, the trademark gets a term of protection of 10 years renewable for another 10 years at a time. Traditionally a trademark owner has the right to prevent any person or legal entity from using his trademark.

An individual or organization can apply for a trademark registration through writing an application to the Philippine Intellectual Property Office using the trademark application form and meeting the filing fees among others. Among the form’s fields, one indicates the applicant’s information, the graphic image of the mark, the description of the goods and services and/or class of trademark for which a business wants to obtain registration.

Trade Mark can be claimed by registration or by use for goods and service in some countries. Despite the fact that trademarks can sometimes be protected through use, it is advisable to register them through the filing of an application form with the IP Philippines. The benefits of registering a trademark is that it will be easier to enforce the rights when there is a conflict with an identical or deceptively similar mark. The service of a trademark agent is in most cases beneficial (and in some situations even required) in the registration of a trademark.