COUNTRY : REPUBLIC OF PHILIPPINES
CAPITAL : MANILA
LANGUAGES : FILIPINO & ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, WIPO, BERNE CONVENTION, MADRID PROTOCOL, PCT
The Philippnes IP office is known as the (IPOPHL)
Protection of Trademarks in Philippnes:
1. NATIONAL REGISTRATIONS : Direct Filing with National Trademark Office.
Please refer our Treaties section on International Protection under Madrid System.
Therefore, to obtain protection in Phiippines, there are two options from which the applicant can choose:
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
Filing is done with the Trademark office of Philippines.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the applications are lodged with the trademark office, they are examined for registrability regarding the complete requirements for grant of filing date
After examination or re-examination of an application, if the examiner decides that the application is entitled to registration, the mark will be published in the Intellectual Property Office gazette for opposition and the applicant will be notified of the same.
Pre – Registration:
Before filing of the application for registration, there is no advantage as rights are acquired only through registration and Philippines uses the first – to – file rule.
Post – Registration:
The mark has to be continuously used within 3 yrs. post registration, otherwise it could lead to the mark being cancelled.
The applicant is also required to file a declaration of actual use (DAU) form with the evidence to that effect within 3 yrs. from the filing date of the application. Otherwise, the application is liable to be refused or the mark removed from the register.
Though the registration lasts for 10 yrs., the applicant must also file an affidavit of use of show valid reasons based on the existence of obstacles to such use, within one year from the 5th anniversary of the registration of the mark, otherwise the mark is liable to be removed.
Non –use of a mark may be excused in exceptional cases only.