- July 1, 2009
- Posted by: Atty. James Biron
- Categories: Commercial, Intellectual Property
If you are planning to start a business in the Philippines it is important that you protect your trademark in order to prevent unlawful use of such by those who want to profit using your brand.
Registration of trademarks in the Philippines is not a complex process. The following guide will give you insight in the registration procedure of trademarks in the Philippines.
What may be registered?
All marks that are capable of distinguishing goods or services are registrable, but there are certain exceptions to the rule:
There is absolute proscription where the mark:
1. Consists of immoral, deceptive or scandalous matter. – For example, you cannot register a trademark such as “Minor Whores” or one with pictures of nude individuals because that is immoral and scandalous according to Philippine standards.
2. Consists of the flag or coat of arms or other insignia of the Philippines, or of any foreign nation, or any simulation thereof. – Because of this you cannot register a trademark that has the flag of the United States or Saudi Arabia as an example.
3. Consists exclusively of signs that are generic for the goods and services that they seek to identify. – Thus if you own a call center company, you cannot register “Call Center” trademark because that is generic for the service that you seek to identify.
4. Mark/s contrary to public order or morality. – For example, you cannot register a trademark “Kill the Foreigners” because that is contrary to public order or morality.
There is relative proscription where the mark:
1. Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow. – As an example, you cannot register a trademark “Ferdinand Marcos” without asking for the consent of Imelda Marcos, the widow.
2. Is identical with a registered mark with an earlier filling or priority date, in respect of (i) the same goods or services, or (ii) closely related goods or services, or (iii) if it nearly resembles such a mark as to be likely to deceive or cause confusion. – For example you cannot register a “Jollibee” trademark if you are into food business because that is identical to a registered trademark with an earlier filing date. But even if your business is not related to food but into making shoes, still you cannot register “Jollibee” as a trademark because it will likely deceive or cause confusion. The person seeing that shoe with a “Jollibee” brand name might believe that it was manufactured by the “Jollibee” food chain corporation.
3. Is identical with or confusingly similar to an internationally well known mark. – Thus you cannot register “Facebook” here in the Philippines, unless you are Mark Zuckerberg, because “Facebook” is an internationally well known mark.
4. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographic origin of the goods or service.
5. Consists exclusively of signs or of identifications that have become customary or usual to designate the goods or services in everyday language or in bona fide or established trade practice.
6. Consists exclusively of signs or of identifications that may serve in trade to designate the kind quality, quantity, intended purpose, value geographic origin, time or production of the goods or rendering of the services or other characteristics of the goods or services.
7. Consists of shares that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value.
8. Consists of colors alone unless defined by a given form.
9. Is contrary to public order or morality.
What are the requirements of registration?
1. A request for registration.
2. The name and address of applicant.
3. Applicant’s nationality or place of domicile or the name of a State in which the applicant has a real and effective industrial or commercial establishment if any.
4. Where applicant is a juridical entity, the law under which it is organized and existing.
5. The appointment of an agent or representative if the applicant is not domiciled in the Philippines.
6. Claim of priority, if any,
7. Claim of color, if any.
8. Where the mark is three-dimensional mark, a statement to that effect.
9. Reproduction of the mark and facsimiles thereof.
10. A transliteration or translation of the mark or of some parts of the mark.
11. The names of the goods or services for which the registration is sought.
12. A signature by, or other self-identification of the applicant or his representative.
What is the process of trademark registration?
1. Filling of application – applications must be filed with the Bureau of Trademarks of the Intellectual Property Office (IPO)
2. Search – The application undergoes a search process to determine if the trademark applied for has an identical mark.
3. Substantive examination – an examiner will be assigned to assess the registrability of the application pursuant to the rules.
4. Publication for purposes of opposition – it will be published in the IPO Gazette to give an opportunity to those who might be damaged by the registration of the mark to oppose said registration
5. Registration – upon certification by the Director of the Bureau of Legal Affairs that no notice of opposition has been filed within 30 days from the date of release for circulation of the IPO Gazette publishing the application for opposition, and upon payment of the required fee, the Office shall issue the certificate of registration.
on the average, how much will it cost to register a brand name for a food cart. thnx
may i know the contact number of Atty. james biron? we need his help in registering a trademark to our company. thank you in advance.
Can you give quotation on your service as trademark agent. My company is local.
Rex, I sent you an email. Kindly check. Thanks
Dear Sirs,
I am looking to register a few brands in the Philippines and am looking for some one who will take care of the whole process. Can you let me know what your fees would be on top of the usual costs to register a brand with the patent office.
Please get in contact with me via email.
Regards
Raju Balani
Dear Raju, I sent you an email. Kindly check.
Hi Atty. Bion please let me know the fees and the whole process of registering trademarks in IPO. Send me email. Kindly include all the requirements needed.
Thanks.
Hi Sassy, I sent you an email. Kindly check. Thank you.
Hi Atty. Bion i would just like to know the process of registering trademarks in IPO, Complete Requirements and how much will it cost?Thank You so much.
Hi Kristine, I sent you an email. Kindly check.
Good day Atty. Biron. We are a start up retail company and would like to apply for a brand trademark.
We are interested in acquiring your services and would like to know the requirements as well as the total fees.
Thanks.
Jill, thank you. Kindly check your inbox.
Good day, attorney! We’re interested in availing this service and would like to get a quote.
Good day, Alphario! I sent you an email. Kindly check, thanks!
Hi Atty! How much are the fees to register a brand here? Thanks!!
Hi Joa, I sent you an email. Kindly check.
Hi Atty. Biron! Thank you for this article. My wife and I would like to start an online business to sell a product of our own brand, is it necessary that we also register a TM? If yes, how much will this cost us and what are the requirements. I will be looking forward to your email. Thanks.
Hi Bryson, I sent you an email. Kindly check, thank you.
I am planing to register my own brand name products.Please help…
Arnold, I sent you an email. Please check your inbox. Thank you.
Lucky to read this article, Atty, I’m thinking about this months ago, Procedure and fees please. Thanks.
Jonalyn, I sent you an email, please check your inbox. Thanks
Dear Atty. James,
I’d like to confirm if my understanding is correct: Trade name is the name of the entity? trade mark is the brand name of a product?
Thanks,
Lourdes
Lourdes, please drop by my office so we can discuss this.
Hi Atty Biron,
I am planning to start a small food cart business. As preparation, I would like to inquire about the process and fees involved in registering a trademark.
Looking forward to your response. Thank you in advance.
Hi Mark, please drop by my office so we can discuss this. Thanks
Good Day Atty. Biron! I would like to ask how much does it usually cost to register a brand name for a certain product. Thank you in advance.
Marc, are you referring to trademark registration? also for the cost, are you referring to government fees?
hello,
Atty. , I would like to inquire about the process and fees involved in registering a trademark.
Hello Jo, I sent you an email, kindly check it.
Hi. Can I have the breakdown of costs involved in this process? Thank you.
Hi Win, I sent you an email, please check it.
Hi,
We like to inquire how much will it cost us to apply for a trademark? We are planning for a start up retail t-shirt printing shop. Looking forward on your positive response.
Cheers,
Marie
Hi Marie, I sent you an email, please check.
How much will it cost to register a brand name
Adela, I sent you an email, kindly check
Hi Atty James,
May i know the cost and timelines involved in brand name/ trademark registration for a local company?
Also if we want to register multi-product trademark, what will be the process?
Thanks!
John
Hi John, I sent you an email, please check. Thanks!
Sir, how much will it cost to register a brand name?
Lorena, I sent you an email, please check
Hi,
How do i apply for a brand name for a cosmetic product? I want the brand patented also. What is the process, please.
Thank you.
Bing, please check your email
Hi! I would like to know the cost of the process? Thank you!
Jade, I sent you an email, please check.
Hi Atty. Biron,
How do i apply for a brand name for a detergent products? Actually, I did not really the one who manufacture or make the products but i only purchased it from a non-registered manufacturer which is a friend of mine. Could it be possible to register the products under my brand name? Please help!
Hi Billy, please check your inbox for my email.
Gud evening Atty. Biron,
My friends and i started a corporation for the purpose of food and beverage, and would like to put up a restaurant.
However, we’d like to give our restaurant a different name. Not the name we chose for the corporation.
Are we supposed to register our tradename and trade logo too?
What is the process for this?
Thank you and God bless.
-Alfred Gonzalez
Good evening, Alfred. Please check your inbox for my email.
Good afternoon Atty! My friend and I has a small business and we would like to apply a trademark for our product. Can you please give us your quotation fee in doing the whole process of registration? Thanks!
Good afternoon, Kristine! I sent you an email, please check your inbox.
I’m really hesitant to register a trademark at the IPOPHL because of the rampant corruption in the Philippines. What if a corrupt official inside IPOPHL sells your mark (name, logo, slogan, etc) to a bigger company once your supplied all the details during registration. Is there a way to ensure confidentiality and security of application?
Louie, yes there is. I know exactly what to do in case that happens
Good Evening Atty, I would like to ask how much it will cost to apply
for a brand name.
Hi Marco, I sent you an email please check
Dear Attorney,
I am planning to start a business and my food products are coming from Thailand. Please assist me on how can I start on the registration of my business from end to end. How much do you charge for services? Kindly respond on my email. Thank you
Hi Atty. Biron,
Would like know to the process of product brand registration. What are govt agencies needed in my soap products, meaning permits to comply and how much does it cost? Thanks
Atty James,
Likewise, appreciate if you can send me the possible cost(s) for registering trademarks. I own a small business by the way. I’m hoping single proprietorships can also register.
Thanks!
Lindsey
Dear Atty Biron,
I would like to ask a quotation on the services of a complete package including the application of brand name and a license to operate. And what is the minimum time frame for these permits to be approved? Thank you.
Hi ATTY. JAMES BIRON,
Right I have some problems if how to registered my business trademark can you please give us some information how to do so.
thank you
Hi Aries, please check your email
Hi atty. James Biron,
I am publishing group of business but i don’t have any idea how to register my trademark, can please give us some procedures and things be needed for transaction and accomplishing the registration.
thank you very much and more power
What are the requirements be needed and how much is the cost for business trademark registration
thank you
Hello Atty.! want to request your service on my plan to register the moniker of our Marketing Organization. I am an adviser of a state university. can we seek your help on this? how much will it costs us? thank you
Hello Kaye, I will send you an email
May i know also the cost, procedure/requirements and timelines involved in brand name/ trademark registration for a local manufacturing company? Thank you.
Hi Atty. Biron,
i would like to ask for quotation on business trademark registration.
thank you
Good Evening Atty, I would like to ask how much it will cost to process and apply for brand name. and May i know how long it will take? thanks in advance!
Good afternoon Atty, I would like to ask how much it will cost to process and apply for brand name. and May i know how long it will take? thanks in advance!
Hi Atty. James,
I am planning to put up a business in the future, is it necessary to register the brand name now even if the business haven’t started yet? I worry that if I delay, other entrepreneurs might register the brand name before me. What’s ur advice on this?
Thanks Atty.
Hi Austin, please check my email to you.
Hi attorney..
I am planning to import dietary supplement in philippines. And start an online seller. The problem is the product is still in customs and asking for FDA. i dont have any idea what i need to get FDA PERMIT. what kind of requirements i have to bring.. And Also if i dont get the package from customs what they do for that? They send it back to Thailand where i brought it or what?? Please help me. Thank u so much…