The Philippines is a growing Southeast Asian market with an increasing Korean business presence. Companies planning to offer goods or services there should consider local trademark protection.
Philippine trademark law grants the same rights to Koreans and foreigners, so Koreans can also secure trademark rights stably.
In this article, we will learn about the Philippine trademark application process, required documents, registration period, and Declaration of Actual Use (DAU) system in Q&A format.
Why register a trademark in the Philippines?
Trademark registration is the most basic means of legally protecting your brand.
Once a trademark is registered, you can secure the exclusive right to use the mark for designated goods or services, and legal action is also possible if a third party uses the same or similar trademark.
In addition, registered trademarks are evaluated as important intangible assets of a company beyond simple rights. It can also be used in franchise business, licensing agreements, investment attraction, and corporate valuation processes.
In particular, if you are preparing to enter the Philippine market, securing trademark rights in the early stages of business is very important in terms of preventing future disputes.
How does the Philippine trademark application process work?
Step 1. Application preparation and advance search
If you tell us the product or service information you wish to apply for, we will select an appropriate class according to the Nice International Classification and review the designated good or service name.
We also conduct a basic similar trademark search to determine registrability.
However, searches generally provided are conducted based on English notation, and detailed searches including local language must be conducted separately through a local agent in the Philippines.
Step 2. Trademark examination and publication
Once a trademark application is received, the Intellectual Property Office of the Philippines conducts a formal and substantive examination to determine whether there are any reasons preventing registration.
If it is determined that registration is possible as a result of the review, it will be published in the Trademark Gazette, and an opposition period of 30 days will be granted. During this period, third parties may object to the trademark registration.
Step 3. Registration and accrual of rights
Once the opposition period is over and there are no special issues, the registration process will proceed.
Once the registration fee is paid, the trademark is officially registered and trademark rights arise.
Registered trademark rights are valid for 10 years from the date of registration and can be maintained through renewal.
How long does it take to register a trademark?
Philippine trademarks generally take approximately 6 to 12 months from application to registration.
However, the period may be longer in the following cases:
- If reasons for rejection are notified during the examination process
- When an objection is raised by a third party
- When it is necessary to submit additional data or a written opinion
What documents are required when applying?
1. Applicant information
The applicant's name, address, nationality, and contact information are required to complete the trademark application.
2. Brand image
You will need a design or logo file for the trademark you wish to register.
Image files in JPEG format are generally used, and it is recommended to prepare original files that are as clear as possible.
3. List of products and services
You must provide information about the goods or services for which you will use the trademark.
This is a very important part because the scope of rights that can be protected is determined by the scope of the application.
4. Power of attorney
If a Korean applies for a trademark in the Philippines, a local agent must be appointed and a power of attorney must be submitted.
When do I need to submit the Declaration of Actual Use (DAU)?
One of the most notable features of the Philippine trademark system is the obligation to file a Declaration of Actual Use (DAU). Trademark owners must submit a DAU at the following times to prove that they are actually using the trademark:
- Within 3 years from the filing date
- Within 1 year after the 5th anniversary of registration
- Within one year of renewal, and within one year after the fifth anniversary of each renewal
When submitting DAU, you must also submit data proving actual use.
For example,
- product packaging photos
- sales receipt
- Online shopping mall sales screen
- advertising material
etc. can be used as evidence of use.
If you do not submit the DAU within the specified period, your trademark registration may be canceled, so you must be careful.
However, if the trademark cannot be used due to legitimate reasons such as government regulations or import delays, a Declaration of Non-Use can be submitted.
Although the Philippine trademark application process itself is relatively simple, there are many practical matters to pay attention to, such as selecting designated goods, reviewing prior trademarks, and managing declaration of actual use (DAU).
In particular, the Philippines is a country that considers the use of trademarks very important, so DAU submission obligations must be continuously managed even after registration.
Trademarks registered in the Philippines are protected for 10 years, and rights can be renewed for longer periods of time. If you are planning to enter the Southeast Asian market, it is advisable to review a strategy to secure trademark rights in the early stages of your business.
This article reflects the information available when it was published. Contact us to discuss your circumstances.