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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Philippines it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Philippines, who will carry out all needed tasks before the Trademark Office in Philippines in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Philippines.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Philippines. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Philippines.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 8 months, if no objections or oppositions arise.

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If I register my trademark in the Philippines, do I have protection in other territories?

No. The mark is protected only in the Philippines.

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Do I need to sign a Power of Attorney?

Yes. A signed power of attorney is one of the application requirements.

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Are there any benefits from a pre-filing use of the trademark?

Yes. A mark that was used prior to registration is qualified for legal protection if consumers can easily recognize the mark as being owned by the applicant. If another person tries to apply for its registration, it will be considered as application in bad faith. Pre-filing use also serves as a prima facie evidence of the mark’s distinctiveness. This will help the applicant overcome oppositions based on non-distinctiveness.

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Will there be problems in case I don’t use my trademark after registration?

Yes. It will result to automatic cancellation.

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What are the types of trademark that can be registered in the Philippines?

Marks or signs that are graphically reproducible and can make a good or service distinguishable from others are accepted for registration. 

  • Names
  • Words
  • Slogans
  • Colors
  • Devices
  • Trade dress
  • Shapes (3-dimensional)
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What are the phases of application after a trademark has been filed in the Philippines?

The sequence of the application procedure is as follows: 

  1. Examination – The trademark office will examine the application with regards to:
    • Formalities
    • Classification
    • Clarity
    • Descriptiveness
    • Distinctiveness
    • Deceptiveness
    • Conflict with earlier filed registrations
  2. Publication – The filing details will be made accessible to the public through publication in print and online.
    • Mark
    • Goods/services
    • Name and address of applicant
    • Citizenship and country of incorporation of applicant
    • Date and number of application
    • Trademark representation
  3. Registration – The trademark office will grant the registration once the prosecution is over and all oppositions are won.
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What type of trademark is non-registrable?

Applicants are not permitted to apply for the registration of any of these marks: 

  • Marks that contradict principles of moral or marks that oppose public order
  • Generic words
  • Non-distinctive marks
  • Surnames
  • Names of geographic locations
  • Marks that cannot be interpreted visually such as taste, smell, or sound
  • Marks that include flags, symbols or names of international organizations, nations, states or regions
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Does the Philippines use the "Nice Classification" system?

Yes, the Nice Classification System is used in this jurisdiction. A single application is sufficient for multiple classes of goods / services. The applicant can also submit an individual application for each class, if necessary.

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Is there any possibility to claim priority in the Philippines?

Yes. Applicants are allowed to use the filing date in their home country as the filing date in the Philippines if: 

  • Their home country is a Paris Convention signatory
  • The filing date in their home country is within 6 months prior to the filing date in the Philippines
  • Their home country is a WTO (World Trade Organization) member
  • The international registration can be based in the Philippines
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What do I need to do to satisfy the use requirement?

To satisfy the requirement, the mark must be used: 

  • within 3 years from the date of filing
  • within 5 years from the date the registration was issued
  • no 3-year gap between each use during its term
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Once my trademark has been registered, for how many years will be valid?

The initial term of its validity is 10 years from the registration date.

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What will be the renewal date of my trademark?

The first renewal will take place 10 years from the date when the registration was granted.

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Is it legal to use my trademark even if it is not yet registered?

It is illegal to use an unregistered trademark for the following: 

  • Toiletries
  • Pharmaceutical products
  • Tobacco products
  • Industrial chemical products
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Does having a registered trademark in the Philippines afford me any right?

Registration is the only way to secure ownership rights to a trademark.

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What is the web address of the trademark national office?

The national trademark office of the Philippines is available at: http://www.ipophil.gov.ph/

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Is there any need to use my trademark before I apply for registration?

No. There is no need to use the mark before it can be applied for registration.

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What are the grounds for a Trademark Application to be opposed?

Grounds for opposition include: 

  • Identical or confusingly similar to a internationally known trademark
  • Unauthorized use of national insignia or protected emblems
  • Company name rights
  • Conflict with moral standards or issues with public policy
  • Geographical indication in the mark
  • Generic mark
  • Personal name rights
  • Registered design rights
  • Trade name rights
  • Registration under representative’s name instead of the proprietor
  • Use of protected armorial bearings, state emblems or flags
  • Well-known mark rights
  • Breach of copyright
  • Proprietary rights
  • Functional, misleading, disparaging, deceptive or descriptive marks
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Who can contest my trademark registration?

Interested party, owner of an earlier right, and a licensee can oppose the registration.

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Is it possible to cancel a registration?

Yes. A registration may be cancelled on these grounds: 

  • Unsatisfied use requirements under Section VIII.A
  • Bad faith
  • Prohibited marks
  • Use of mark in deceptive manner
  • Inclusion of a protected emblem or badge
  • Conflict with morality or public order
  • Geographical indication
  • Generic mark
  • Conflict with a personal name
  • Conflict with a registered design
  • Conflict with trade names
  • Registration under a different name such as agent or representative of the proprietor
  • Conflict with a notorious mark
  • Breach of copyright
  • Functional, misleading, deceptive, disparaging, not distinctive, or descriptive mark
  • Proprietary rights
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Are there any rights established by having a registered trademark?

Yes. Registration is the only way to secure these rights: 

  • Exclusive right to use the mark
  • Right to oppose later conflicting applications
  • Right to request for an action to cancel later conflicting registrations
  • Right to take a legal action against third parties for infringing the mark
  • Right to take payment from third parties due to infringement
  • Right to authorize or license third parties to use the mark
  • Right to request for seizure of counterfeit goods bearing the mark
  • Right to request for a judicial order restraining third parties to use the mark
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How long is the opposition period?

The opposition period starts on the publication date and ends 30 days after that date. The challenger may request for a 30-day up to a 90-day extension period from the publication date.

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Is the Philippines a member of the Madrid System?

Yes. The Philippines is a Madrid Protocol member.

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Do I need to present periodic statement of use?

Yes. Periodic statements of use are mandatory. The owner is mandated to submit a DAU (declaration of actual use) within 3 years from the date when the application was filed. Failure to do so will result to automatic cancellation.

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When should I renew my trademark?

The mark must be renewed every 10 years.

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What will be the renewal date of my trademark?

The first renewal will take place 10 years from the date when the registration was granted.

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Is there any documentation that should be presented when renewing a trademark?

Yes. These documentations are required: 

  • DAU (declaration of use)
  • Power of attorney
  • Petition for renewal (with signature)
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If my trademark expires, do I have a grace period?

The mark is still renewable within six months after its expiration date.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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