This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Trademark Law In The Philippines In Kings
State:
Multi-State
County:
Kings
Control #:
US-003HB
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Word;
PDF;
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FAQ
Canada, the Philippines, and the United States were among the only countries to use first-to-invent systems, but each switched to first-to-file in 1989, 1998, and 2013 respectively.
Ing to the first-to-file principle, the owner of the mark who first files their application with the IP office has priority over anyone using the same/confusingly similar mark on the same market.
The first to file rule asserts that the first party to file a lawsuit is awarded their home location for a trial or legal proceeding. 1 The first to file rule also applies to patent applications, awarding the first person to file a patent the right to claim the intellectual property to it.
No, trademark registration is not required in the Philippines. In the Philippines, trade names and business names are protected without the need for prior registration.
After your trademark is approved, you must file documents with the IPOPHL to prove that you have a real product or service that supports your trademark filing. This filing is called the Declaration of Actual Use (DAU).
The total process takes 6-12 months on average. See our 3 step guide below for a further breakdown. File an application to the Bureau of Trademarks at the Intellectual Property Office of the Philippines (IPOPHL). You will also need to submit a list of requirements.
8293, also known as the Intellectual Property Code of the Philippines, underscores the importance of the first-to-file rule in the country's trademark registration process. This rule prioritizes the date of filing over the date of first use, making timely registration crucial for securing trademark rights.