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Once the trademark passes both the formality and substantive examinations, it will be published in the IPOPHL e-Gazette. Publication is a mandatory step, as it allows third parties to review the mark and, if necessary, file an opposition. The mark will be published for a period of 30 days, during which any party who believes they may be adversely affected by the registration can file a notice of opposition. Therefore, the applicant should be vigilant and be prepared to respond to any opposition that may arise. If the application is opposed, the process may now become adversarial because it will then be prosecuted before the Bureau of Legal Affairs of the IPOPHL.

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Applicant-Respondent may file an application for extension of time to file an answer and even file a second motion for extension of time based on compelling grounds and upon payment of the applicable fees. The same privilege of extension of time is given to the opposer in filing the the notice of opposition or the opposition action. However, in no case will the filing of the opposition exceed ninety (90) days from the date of the publication.

Frequently Asked Questions

What happens after the trademark is published?

After the trademark application is published in the IPOPHL e-Gazette, the following may occur:

No Opposition: If no opposition is filed within 30 days from the publication date, the IPOPHL will issue a Certificate of Registration, typically within 3 to 5 months after the opposition period. The mark is considered registered the day after the 30-day opposition period expires.
Opposition Filed: If a notice of opposition is filed, the case will be handled by the Bureau of Legal Affairs (BLA) of the IPOPHL. This initiates an adversarial proceeding where both the applicant and the opponent will present their arguments and evidence. The BLA will then decide whether the trademark should be registered or not.

Is there a fee for trademark publication?

Yes, there is a publication fee that must be paid after the Notice of Allowance is issued and before the trademark application is published in the e-Gazette. The amount of the fee may vary depending on whether the applicant is a small or big entity.