Philippine trademark system

• 3D trademark
• collective trademark
• color combination
• hologram

*Trademarks that include sounds, smells, tastes, single colors, and movement are not protected.

• substantive examination
• First-to-file system based on use (obligation to submit evidence of use)
• 1 application, 1 trademark system
• Outlet system and complaint system available

• • After the substantive examination, the application will be announced. The period for filing an opposition by a third party is within 30 days from the date of publication.
  • If no opposition is filed, or if the opposition does not result in a decision of refusal, the trademark will be registered if the applicant pays the registration fee.
  • usage principle

  *It is not necessary to use the trademark you are applying for at the time of application, but you are required to submit a "declaration of use" and "evidence of use" within three years from the filing date.

• Date of Registration10 years since
• Can be renewed every 10 years. The renewal procedure period is 6 months before and after the registration expiration date, and an additional fee is required for renewal beyond the registration expiration date.

• 1 application multiple classification system
• Listed according to the Nice Classification (the Philippines is not a member of the Nice Agreement)
• Inclusive statements are not permitted.

• Application fees differ depending on small and large organizations.

• ①Application form
• ②Trademark sample
• ③Power of attorney: Submitted within 60 days from the filing date. No notarization or certification required
• ④Payment of application fee

　*The application must be based on one of the following: "Application based on actual use," "Application based on intention to use," or "Application based on registration in the applicant's home country."

*The following is only if necessary*

• If priority is claimed: country of filing, filing date and application number of the basic application. If the priority certificate is not in English, translate it into English. A priority certificate can be submitted within 3 months of filing the application.
• In the case of a trademark displayed in a foreign language: Display of a translation or transliteration of the trademark
• When insisting on color: Displaying color or specifying color
• In the case of three-dimensional trademarks/collective trademarks: Description of the trademark

• A trademark application is first subjected to a formality examination. If the formalities are not met, corrections must be made within one month, and if the corrections are not made, the application will be considered withdrawn.
• After the formalities examination, a substantive examination will be conducted without a request for examination. A written opinion/written amendment must be submitted within two months of being notified of the reasons for refusal, but it is possible to apply for a two-month extension.
• Trademark applications that meet certain conditions can be expedited for priority examination by making a formal request under oath and paying a fee.

• Non-use cancellation system: If a trademark is not used for three years after registration, the registration will be canceled at the request of a third party.
• Request for invalidation/cancellation: If a trademark is registered in violation of registration requirements, it is possible to request invalidation/cancellation of the registration at any time. Furthermore, if the reason is identity or similarity with a prior trademark, a request will not be accepted after five years have passed since registration.

• The Philippine Trademark Law provides for two types of infringement.
• ① Infringement of registered trademark rights: Using a sign or packaging box that is similar or identical to a registered trademark is an infringement.
• ② Infringement of a well-known trademark: A sign indicating a relationship with a well-known trademark may constitute infringement even if the designated goods or services are different from the registered well-known trademark.