TRADEMARK APPLICATION FILING IN
Philippines

The Intellectual Property Office of Philippines (IPOPHL) is in charge of all Intellectual property matters and related concerns in the territory of Philippines. Its primary purpose is to protect and secure the exclusive rights of creators and innovators to their Intellectual Property, ultimately fostering innovation and economic growth in the Philippines. Philippines operates on a first-to-file basis when it comes to trademark registrations, and all trademarks must comply with Code of Philippines or Code of Intellectual Property.

The trademark registration before the Intellectual Property Office of Philippines (IPOPHL) can either be filed through the online portal or via offline mode.  

Multiple-class trademark application is allowed by the Intellectual Property Office of Philippines (IPOPHL).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*POA to be submitted within two months of office action;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted along with a translation in English within six months of the mail received from examiner.

The application has to be submitted to the bureau of trademarks. Further the bureau of trademark will begin with examination and see if it has complied with all the legal requirements along with the fees. Upon the satisfaction, he/she will issue a filing date. On acceptance of filing, formal examination and trade search will begin where the bureau will scan the existing database to see if the trademark pre-exists. If the bureau is satisfied with the submissions, they will put forward the application to the publication. In case of default, the same shall be communicated to the applicant stating the reasons of refusal. The applicant has to file the reply of the default within two (2) months which can be extended to further two (2) months. The application will be re-examined by the office. If the application stands refused even after the re-examination, the applicant may appeal to director of trademarks. If the applicant faces refusal by the director, he/she may further appeal to director general. The decision given by Director General will be final and non-appealable.

If the application meets all the requirements and the examiner accepts the application it will be published for Thirty (30) days in trademark journal of Philippine. During the publication period of Thirty (30) days, anyone can file the opposition.

In case of no opposition, upon the payment of the prescribed fees, registration certificate will be issued.  The registration certificate will be issued within 3-4 months after the payment of the registration fees. 

Opposition proceedings in the Philippines begin when the opponent files a notice of opposition with the Bureau of Legal Affairs of the Philippine Intellectual Property Office (IPOPHL). This notice must be supported by notarized witness affidavits, a special power of attorney, a corporate authorization certificate, and any other relevant documents. If the power of attorney or verification is executed outside the Philippines, it must be authenticated by a Philippine embassy.

The supporting documents and evidence will be submitted for inspection before the adjudicating officer and must be filed within 45 days from the date the case is entered. The standard deadline for filing an opposition is 30 days but it can be extended to 45 days upon request and payment of the required fees. Once the opposition is filed, the applicant will receive a notice to answer and has 30 days to submit a verified reply along with the necessary evidence, power of attorney, and affidavits. If the applicant fails to respond within the allowed time, a decision will be made based solely on the opponent’s submissions.

After this stage, the case moves to the Alternative Dispute Resolution (ADR) process. If the dispute is not resolved, the adjudicating officer will review the case and issue a decision. The arbitration process should not take more than 45 days. Following this, both parties have 10 days to submit their final arguments. If no submissions are made, the adjudicating officer will issue a decision within 20 days, which may be extended by another 20 days if needed.

A trademark registration in Philippines is valid for a period of ten years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with surcharge.

The usage of the registered trademark has to be shown within three years from the filing date, within a year from the fifth year of registration, within a year from the renewal date, and within a year from the fifth year of each renewal. In case of non-submission, the registration might be cancelled at the request of a third party. A six-month extension will be allowed with a surcharge.

Typically, the trademark registration process in Philippines takes eight to twelve months in straightforward cases.

With steady economic growth and a vibrant market of 115 million people, the Philippines is emerging as a strong business hub in the region. It currently ranks 35th in the world for total trademark filings. While 2023 saw a modest 0.2% increase in filings, the bigger picture tells a different story over the past decade (2013–2023), trademark applications have surged by almost 77%. As of 2023, WIPO reports that 215,076 trademarks are active in the country, reflecting the Philippines’ growing role in protecting brands and fostering business activity.