Patent and Trademark Registration in the Philippines – A How To

September 24, 2024

Intellectual property (IP) refers to creations of the mind—such as inventions, designs, brand names, and artistic works—that are legally protected from unauthorized use by others. In the Philippines, the Intellectual Property Office of the Philippines (IPOPHIL) oversees the protection and registration of these rights, ensuring that businesses and individuals maintain control over their innovative or creative products. This article provides an in-depth discussion of two primary forms of intellectual property, trademarks and patents, and guides on protecting them through IPOPHIL.

What is a Trademark?

A trademark is a distinctive sign or symbol a person, company, or organization uses to identify its goods or services and differentiate them from competitors. A trademark can consist of words, logos, colors, sounds, or even combinations of these elements. In the Philippines, trademarks are governed by the Intellectual Property Code (R.A. 8293). They are essential in building a business’s identity and reputation, ensuring that customers can easily recognize the source of products or services.

Examples of trademarks in the Philippines include company logos, slogans, or distinctive product names such as Jollibee’s logo or the phrase “It’s More Fun in the Philippines.”

What is a Patent?

A patent is a form of intellectual property that provides exclusive rights to an inventor over their invention, which could be a product, process, or technical solution that offers a new way of doing something. In the Philippines, a patent grants the holder the exclusive right to prevent others from making, using, selling, or distributing the invention without permission for a limited period.

To qualify for patent protection, an invention must meet three criteria:

Novelty: The invention must be new.
Inventive Step: It must be clear to someone skilled in the relevant field.
Industrial Applicability: The invention must be valid and applicable in an industry.

How Can a Person Protect Their Intellectual Property in the Philippines?

Protecting intellectual property in the Philippines involves securing exclusive rights through formal registration with IPOPHIL. Without registration, trademarks and patents may be vulnerable to infringement, which can negatively impact a business’s revenue and market presence.

To protect IP, individuals or businesses must:

Register trademarks and patents with IPOPHIL to obtain the legal protection afforded under Philippine law.
Monitor the market for possible infringements. Proactively defend IP rights by filing for legal action against unauthorized use.
Consult legal experts in intellectual property law for advice on best practices, ensuring compliance with Philippine and international IP laws.

Steps for Registering Trademarks and Patents in the Philippines

Trademark Registration Process

Conduct a Trademark Search: Before applying, it’s recommended to search IPOPHIL’s database to ensure no similar trademarks exist. This reduces the risk of rejection or legal disputes.
Submit an Application: Applicants must file their trademark registration with IPOPHIL, either online or at their office. The application should include a representation of the applicant’s mark and details.
Examination Process: IPOPHIL will determine if the trademark meets the registration criteria. This includes a substantive review for distinctiveness and potential conflicts with existing marks.
Publication in the IPO Gazette: If the trademark passes the examination, it will be published in the IPO Gazette for 30 days, allowing third parties to oppose the registration.
Issuance of Certificate of Registration: If no opposition is filed, and the mark meets all requirements, IPOPHIL will issue a Certificate of Registration, granting the owner exclusive rights over the trademark.

Patent Registration Process

Conduct a Patent Search: Similar to trademark registration, applicants should conduct a patent search to ensure the invention has not already been patented.
File an Application: The patent application must include a description of the invention, claims defining the scope of the invention, and any relevant drawings or technical diagrams. This is submitted to IPOPHIL.
Formal Examination: IPOPHIL will conduct a formal examination to verify if all documentation requirements are met.
Substantive Examination: A more detailed analysis is conducted to determine if the invention satisfies the criteria for patentability (novelty, inventive step, industrial applicability).
Publication: Once the invention passes substantive examination, it will be published in the IPO Gazette.
Issuance of Patent: If the application is successful and no opposition is filed, IPOPHIL will grant the patent, giving the inventor exclusive rights for up to 20 years.

Time Validity of a Trademark in the Philippines

Once registered, a trademark in the Philippines is valid for 10 years, provided it is renewed before the expiration date. Trademarks can be renewed indefinitely as long as they are still in use and renewal fees are paid. Failure to renew within the grace period may result in the cancellation of the trademark registration.

How Do Intellectual Property Laws Differ for Different Business Structures and Individuals?

In the Philippines, intellectual property laws apply uniformly regardless of the business structure or individual ownership. However, there are practical differences based on the nature of the applicant, such as a sole proprietorship, partnership, or corporation:

Sole Proprietorship: The business owner is fully responsible for filing and maintaining trademarks or patents. The owner’s name is typically listed as the holder of the IP rights.
Partnerships: In a partnership, trademarks and patents can be owned by the business entity or jointly by the partners. The partnership agreement governs decisions regarding IP rights.
Corporations: In corporate entities, trademarks, and patents are typically registered under the corporation’s name. This ensures that the company, rather than individual stakeholders, retains control over its intellectual property. This also provides continuity, as the business’s intellectual property remains protected even if there are changes in ownership or management.

For foreign businesses or expatriates operating in the Philippines, protecting intellectual property may also require understanding local limitations, such as restrictions on foreign ownership for specific business structures.

Is Assistance Available?

Yes, we can help. Intellectual property is a critical asset for businesses and individuals in the Philippines. By registering trademarks and patents with IPOPHIL, entrepreneurs can protect their brands and inventions, ensuring they have exclusive control over the use and commercialization of their innovations. The registration process may seem complex, but by following the outlined steps and consulting our IP experts, businesses can safeguard their intellectual property and enhance their market competitiveness.

Contact us through any of the following channels below to schedule an initial consultation with one of our intellectual property experts to assist you with your particular needs: