Trademark Law In The Philippines In Pima
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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;
The owner of a registered mark shall have the exclusive right to prevent all third parties from using marks that are identical or similar to their own, for goods and/or services that are identical or similar to those for which their marks are registered.
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.
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES. SECTION 1. Title. – This Act shall be known as the "Intellectual Property Code of the Philippines."
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.
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.
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.
A trade mark registration provides 10 years' protection from the filing date. Once registered, it's your responsibility to manage and maintain your trade mark. There may be costs associated with this.
