TRADEMARK 101 : Making your Brand stand out
Whether you are a business engaged in
manufacturing goods or in providing
services, one way or another, you are
going to find yourself needing to protect
not just your company, but also your
“brand.” This can be done through
registering for a trademark.
What exactly is a trademark?
According to the Intellectual Property
Office of the Philippines (IPOPHL), a
trademark is a word, a group of words,
sign, symbol, logo, or a combination
thereof that identifies and differentiates
the source of the goods or services of one
entity from those of others. A trademark
helps a product or a brand to be
distinguished from the rest of the goods in
the market.
Harvard Law explains that trademarks
make it easier for consumers to quickly
identify the source of a given good.
Instead of reading the label of a
product, one can easily identify what
product it is by just glancing at the
color or even the shape of that
product. This is evident in brands like
Coca-Cola, Nike, and Apple.
Having a trademark registered for your
product or service can protect your
brand and at the same time, make it
stand out. Coming up with a unique
logo or symbol that is easy on the eyes
and can easily be retained in one’s
mind should be taken into
consideration—a lot of brainstorming
must be done to arrive at the perfect
trademark for a brand. Once you
already have a trademark in mind, you
must also have it registered right away
in compliance with the First-to-File Rule,
which means that whoever was first to
file for the registration of the mark,
acquires the rights to the trademark.
Having your trademark registered gives you the
sole ownership and exclusive rights to prevent
other businesses and brands from copying, using,
or even exploiting the trademark you have.
IPOPHL also explains that having a registered
trademark may bring another stream of income
to the owner through licensing or franchising.
How do you register a trademark in the
Philippines?
First, you have to prepare the following
requirements:
- A filled out Trademark Application Form
- Copy of the mark
- Goods and Services covered by the
application (NICE Classification)
At present, the cost of filing fee per class for
small entity is Php1,200 and Php2,592 for big
entity. It should also be kept in mind that since 1 September 2020, the IPOPHL will only accept
trademark applications that are filed online,
using its eTM File system.
After choosing what type of mark you want to apply for (you may choose among the
following: word mark, figurative mark, figurative with words mark, 3D mark, or stamped or
marked container of good), the mark will go through Formality and Substantive Examination.
This is where the examiner will determine whether the trademark is registrable according to
Section 123 of the Intellectual Property Code.
Afterwards, it will be published for opposition with a period of 30 days. Any party or business
who would want to oppose to the registration of the trademark may do so within this period.
The cost of the 1st publication fee is Php900 for small entity and Php960 for big entity.
A Certificate of Registration will then be issued to the trademark owner. Subsequently, It will
be published as a registered trademark or collective marks, for the general public to be
informed.
The average processing time for the whole trademark registration process is 3.4 months,
according to the IPOPHL. The term of protection for the trademark is 10 years from the
registration date, which is renewable as well every 10 years.
For trademark application form, you may click on the following links:
https://drive.google.com/file/d/1ZSq6q_iOMzp40dfaaBGcwNRiwFCJQqtL/view
You may also visit the website of the Intellectual Property Office of the Philippines at
https://www.ipophil.gov.ph/
