Application for Registration of a Trademark*
2. Formality and Examination
Upon receipt of the application, the examiner examines if the application complies with the formal requirements needed for the grant of a filing date.
3. Substantive Examination
The examiner performs substantive examination for a trademark application. The examiner checks the distinctiveness and registrability of the mark.
For example, the IP Code provides that a mark cannot be registered if (a) the trademark is identical with registered mark belonging to a different proprietor or a mark with an earlier filing or priority date; (b) the trademark is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services; or (c) the trademark consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof.
If the examiner finds that the application fails to meet the requirement, the Bureau shall notify the applicant of the reason for refusal/rejection. The applicant, shall, within a period of one month from mailing date of the notice complete or file an opinion and/or amendment to the application as required; otherwise, the application shall be considered withdrawn.
4. Decision to Grant Trademark Registration or Decision of Refusal
If the examiner finds no reason for refusal of the application, or if the notice of reasons for refusal is satisfactorily complied by amendments or corrections, the examiner issues a decision to grant the trademark registration. Otherwise, the examiner gives a decision of refusal.
5. Post-Grant Opposition System
After allowance by the examiner, the application is published in the IPO Gazette to give chance to the public to oppose the registration of the trademark by petition with the IPO Bureau of Legal Affairs.
The period to file an opposition is one (1) month from the date of the publication of the application. The period can be extended provided that it does not exceed four (4) months from the date of the publication. If no opposition is filed within the said period and upon payment of the required fee, the Certificate of Registration will be issued. The issuance of the Certificate of Registration shall be published in the IPO Gazette and shall be entered in the records of the Office.
6. Appeal
(a) Every applicant for the registration of a mark or other mark of ownership may, upon the final refusal of the examiner to allow registration, appeal the matter to the Director of Trademarks within two (2) months from the mailing date of the action under appeal. The decision or order of the Director shall become final and executory fifteen (15) days after receipt of a copy thereof by the appellant unless within the said period, a motion for reconsideration is filed with the Director or an appeal to the Director General is filed together with the payment of the required fee.
(b) The decision of the Director General is appealable to the Court of Appeals. If the applicant is still not satisfied with the Court of Appeals decision, he may appeal to the Supreme Court.
NOTE:
FEES:
Small Entity: (Asset P20 Million or less) Big Entity: (Asset more than P20 Million)
Filing Fee (per class) P1,090.80 P2,181.60
Claim of Color (s) P252.50 P505.00
Declaration of Actual Use P808.00 P1616.00
a) Request for Registration with the list of goods or services for which the registration is sought
b) 3 copies of duly-filled up Trademark Application Form
c) Drawing/ Representation of the Mark
i. For Informal Drawing (to be submitted upon filing of the trademark application)
An actual LABEL, ARTWORK, COMPUTER PRINTOUT, or any reproduction of the mark sought to be registered.
ii. For Formal Drawing (to be submitted upon filing or during the prosecution/ examination of the trademark application)
drawing of the mark sought to be registered on bond paper (white): size 297 mm x 210 mm plus 2 photocopies
small facsimile of the drawing: size 70 mm x 35 mm (10 photocopies on White Bond Paper)