PHILIPPINE TRADEMARK OVERVIEW
A trademark is a sign used to indicate the origin of goods or services and to distinguish them from those of other businesses. Various types of signs, such as names, logos, slogans, shapes, labels, and packaging designs, may be protected as trademarks.
In the Philippines, trademark rights are generally acquired through application and registration. Early filing is highly recommended if you are planning to enter the Philippine market or expand your brand presence in the country.
Key Benefits of Trademark Registration
The owner of a registered trademark has the exclusive right to use the trademark for the designated goods and services and may take legal action against unauthorized use or infringement by third parties.
A trademark is also an important intellectual property asset that can be utilized through licensing, assignment, franchising, and other commercial transactions.
The “First-to-File” System
The Philippines adopts a first-to-file system. As a general rule, the party that files an application first acquires the rights. Therefore, securing trademark protection at an early stage of brand development is often crucial.
Registrable vs. Non-Registrable Marks
- Traditional & Non-Traditional Marks (Eligible): In addition to traditional word marks and logo marks, non-traditional trademarks such as three-dimensional (3D) marks, color marks, position marks, hologram marks, and motion marks may also be eligible for registration, provided that they satisfy the applicable requirements, including distinctiveness.
- Non-Visual Marks (Generally Not Eligible): On the other hand, non-visual trademarks such as sound marks and scent marks are generally not registrable under the current framework.
Handling Foreign Characters
Trademarks containing foreign characters, including Japanese, Chinese, and Korean characters, may also be filed in the Philippines.
- In Japan: Foreign characters that ordinary consumers cannot read may sometimes be perceived more as graphic or design elements than as textual elements.
- In the Philippines: The Philippines may require a translation and/or transliteration of the foreign wording.
- In China & South Korea: Similarly, in China and South Korea, the meaning, pronunciation, translation, or transliteration of foreign characters may be relevant during examination.
Accordingly, trademarks containing foreign characters should be evaluated not only from the perspective of visual appearance, but also in terms of meaning, pronunciation, distinctiveness, and potential conflicts with prior marks.
IPOPHL Disclaimer Practice
Furthermore, if a trademark contains descriptive or non-distinctive elements, IPOPHL may require a disclaimer with respect to those elements.
- Comparison: This practice is not commonly encountered in Japan, China, or South Korea.
- Effect of a Disclaimer: A disclaimer allows the trademark as a whole to proceed to registration while clarifying that exclusive rights are not claimed over specific descriptive or non-distinctive elements standing alone. A disclaimer does not remove the relevant element from the trademark itself.
Application Pathways
The Philippine trademark system is available to both local and foreign applicants. Applications may be filed through two main pathways:
- Filed directly with the Intellectual Property Office of the Philippines (IPOPHL)
- Through the Madrid System for the International Registration of Marks
Our Services at TSUBAME IP Philippines
At TSUBAME IP Philippines, we provide comprehensive trademark services in the Philippines, including:
- Trademark searches
- Filing & prosecution
- Office action responses & Disclaimer responses
- DAU compliance
- Renewals
- License recordals
- Portfolio management