A trademark can be one word, a group of words, sign, symbol, logo or a combination of any of these.
According to Rule 24 of the Trademark law of Philippines “The office will not require any proof of use in commerce in the processing of trademark applications. However, without need of any notice from the Office, all applicants or registrants shall file a declaration of actual use of the mark with evidence to that effect within three years, without possibility of extension, from the filing date of the application. Otherwise, the application shall be refused or the mark shall be removed from the register by the Director motu proprio”.
After the examination, the Trademark Office of Philippines issues a notice of allowance and trademark is published for opposition purposes.
Any third party who thinks to be prejudiced by the registration of trademark application may file an opposition within 30 days from the publication notice.
The term of a trademark registration is ten (10) years from the date of issuance and is renewable for a period of ten (10) years at a time.
According to Rule 80, a) of Trademark Law of Philippines “The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the mark is registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed”. According to letter b) of the same Rule, “The exclusive right of the owner of a well-known mark which is registered in the Philippines, shall extend to goods and services which are not similar to those in respect of which the mark is registered: Provided, That use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered mark: Provided further, That interests of the owner of the registered mark are likely to be damaged by such use”.
In case of trademark assignment, it is necessary that it is not liable to mislead the public, particularly as regards to the nature, source, manufacturing process, characteristics, or suitability for their purpose, of the goods or services to which the mark is applied. Assignments shall have no effect against third parties until they are recorded at the Office.