In this post we talk about:
Which trademarks can be registered in Philippines
In Philippines a trademark can be one word, a group of words, a sign, a symbol, a logo or a combination of any of these elements.
Also Philippines use Nice Classification for the registration of the trademark.
Trademark filing and registration of a trademark in Philippines
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.
Validity and duration of a trademark in Philippines
The term of a trademark registration is ten (10) years from the date of issuance and it is renewable for a period of ten (10) years at a time.
According to the article 151, c) of the Filipino Intellectual Property Code, it is possible to ask for the cancellation of the mark for non-use if it has not been used for three years or more.
According to article 124.2 of the Filipino Intellectual Property Code:
“The applicant or the registrant shall file a declaration of actual use of the mark with evidence to that effect, as prescribed by the Regulations within three (3) years 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”.
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.
Eva Troiani law firm is at your disposal for further information on how to register your trademark in Philippines. Do not hesitate to contact us!