Trademark Law In The Philippines In Montgomery
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FAQ
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.
It is a legal requirement for businesses to register their trade name in order to conduct business activities and transactions in the Philippines. A trade name is often used interchangeably with a business name or a fictitious name, and it is the name that the public identifies a business with.
The following are the requirements for the filing of a trademark application: Request for registration; Name, address and other contact details of the applicant; Appointment of a resident agent or representative in the form of a signed Power of Attorney, if the applicant is not domiciled in the Philippines;
Section 123 (k) of the Intellectual Property Code (IP Code) provides that a mark that consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value may not be registered as a trademark or service mark.
The law: Republic Act No. 8293 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Powers and Functions, and for Other Purposesotherwise known as the Intellectual Property Code of the Philippines.
A trademark can be protected in perpetuity if regularly monitored and properly maintained. The period of protection is ten (10) years from the date of registration and is renewable for a period of ten (10) years at a time.
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).
