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Application

Navigating through the process of from trademark application to registration is not as easy as it may seem. Applicant needs to comply with the formality requirements under Philippine IP laws. BREALANT has been successfully helping brands and business owners secure the registration and exclusive rights to their trademarks.

If the Applicant proceeds with the application after being informed of the search result, he needs to comply with the formality requirements by submitting his trademark information.  

The following are the minimum requirements in obtaining a filing date for a trademark application:

  • An express or implicit indication that the registration of a mark is sought.
  • The identity status of the applicant
  • Contact details of the applicant a
  • Contact details of the agent/representative.
  • The list of the goods or services
  • Reproduction or logo of the mark  (if the mark consists  of figure and/or words)
  • Determine whether the mark is a standard mark, collective mark, or certification mark [link to collective and certification mark]

 After lodging the application, the trademark examiner shall check the formality requirements. If the application form is complete and meets the requirements, the Examiner proceeds to assess the substantive requirements.  The substantive examination verifies whether the trademark can be registered considering its distinctiveness, conflicts with existing marks, falsely suggesting a connection with a well-known brand, etc. If the Examiner finds any grounds to refuse the registration under  Section 123 of the Intellectual Property Code of the Philippines,  he shall issue a Registrability Report, (commonly known as Office Action) citing  the grounds of refusal.

BREALANT always ensures the feasibility of registration of your trademark by conducting a FREE preliminary search against a possible likelihood of confusion, with existing trademarks, distinctiveness and other grounds under the law. We will prepare all the necessary formality requirements for the applicant’s review and execution.

Frequently Asked Questions

Who can apply for trademark registration?
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A trademark applicant can be either a natural or a legal person. A trademark application can also be filed in the names of multiple applicants. Foreign applicants who are not domiciled in the country or do not have a real and effective commercial establishment in the country must have a resident representative who will be served with notices or processes in proceedings involving the mark.

Is trademark registration free?
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No, trademark registration in the Philippines is not free.

How much does it cost to register a trademark in the Philippines?
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The cost varies depending on several factors, including:

  • Size of the entity: IPOPHL has different fee schedules for "small entities" (assets below PHP 100 million) and "big entities" (assets above PHP 100 million). Small entities generally pay lower fees.   
  • Number of classes: A separate filing fee is required for each class of goods or services included in the application.   
  • Other fees: Additional fees may apply for claims of color, claims of distinctiveness, requests for priority examination, publication fees, issuance of the certificate of registration, and other actions.
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