GENERAL COUNTRY INFORMATION
The island nation of the Philippines is located in Southeast Asia. The archipelago contains a staggering 7101 islands and its capital, Manila, is located on the island of Luzon. The Philippines is home to some 90 million people. Its gross domestic product is about US$443.1 billion with a per capita of US$5,000.
THE PHILIPPINES tradeMark SYSTEM
| Legal basis |
Philippine Constitution (1988); Intellectual Property Code of the Philippines (1998); Rules of Court (1997); Implementing Rules and Regulations of the IPC |
| Major international treaties signed |
- WTO – GATT Treaty Uruguay Round (Annex C – Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
- Paris Convention
|
| Cost of obtaining a straightforward registration |
Please contact us at philippines@mirandah.com |
| Average time to register a trademark |
18 to 24 months |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Examination
Stage 3: Publication in eGazette
Stage 4: Opposition (if any)
Stage 5: Registration |
| Registrable marks |
Any visible sign capable of distinguishing goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods |
| Number of classes |
45 Classes - 8th Edition Nice Classification of Goods and Services |
| Multiple class filing |
Available |
| Filing of series marks |
Not available |
| Necessary documents |
Signed and Notarized Power of Attorney |
| Electronic filing |
Available |
| Common objections |
- Prior conflicting rights with another proprietor
- Conflict with a well-known trademark
- Distinctiveness
- Descriptiveness
- Falls under the general prohibition
- Generic ; customary or usual signs or indications
- Shapes that may be necessitated by technical factors
- Colour alone
|
| Opposition term |
30 days from issuance of eGazette |
| Duration of protection |
10 years from the date of registration |
| Restoration of lapsed trademark |
Not available if registered mark. A mark can only be restored if during the pendency of the application, the trademark owner files a Petition for Revival within 3 months from mailing date of Notice of Abandonment, provided the cause of abandonment is not due to failure to file the 3rd year Declaration of Actual Use |
| Compulsory period of use to avoid cancellation action |
3 consecutive years from the date of registration |
| Parallel Imports |
Allowable, except in cases where an exclusive importer/distributor is appointed in the Philippines, and allowing parallel imports may constitute a breach of contractual obligation |
| Use |
Required within 3 years from filing date of application. Failure to file the 3rd year Declaration of Actual Use will result to the automatic abandonment of the application or automatic cancellation of the registration |
| Useful links |
www.mirandah.com
www.ipophil.gov.ph |
Outline of the
enforcement steps |
Test Buy
Secure Search & Seizure Warrant
Filing of Criminal Case with City Prosecutor
Infringement
Unfair Competition
|
| Civil Remedies |
- Cancellation of Registration
- Damages
- Injunction (with prayer for Temporary Restraining Order)
- Action for False or Fraudulent Declaration
- Action for False Designation of Origin
- False Description or Representation
|
| Criminal Sanctions |
Imprisonment from 2 – 5 years; and
Fine from PHP50,000 to PHP200,000 (approximately US$1,000 – US$4,000) |
| Others |
Border Control Measure – Registration of registered marks with the Bureau of Customs |
| Time frame for various legal actions |
18 – 36 months |
| Alternative dispute resolution |
Mediation
Arbitration |
| Any specialized courts for IP |
Yes |
Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.