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Trademark System in Philippines |
GENERAL COUNTRY INFORMATION
The island nation of the Philippines is located in Southeast Asia. The archipelago contains a staggering 7107 islands, with a total land area of 300,000 sq.km and coast line of 34,000 km, the longest in the world. Its capital, Manila, is located in the island of Luzon. The Philippines is home to some 101.8 million people. Its gross domestic product is about US$351.4 billion with a per capita of US$3,500.
| Legal basis |
1987 Philippine Constitution effective from 2 February, 1987
Republic Act No. 8293 Intellectual Property Code effective from January 1, 1998
Republic Act No. 6675, The Generics Act effective from 13 September, 1988
Republic Act No. 623 An Act to Regulate the Use of Duly Stamped or Marked
Bottles, Boxes, Casks, Kegs, Barrels and Other Similar Containers effective from 5 June, 1951
Customs Administrative Orders and Circulars
IP Philippines Memorandum Circulars and Orders
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| Major international treaties signed |
- WTO – GATT Treaty Uruguay Round (Annex C – Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
- Paris Convention
- Madrid Protocol
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| Cost of obtaining a straightforward registration |
Please contact us at
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| 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
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| 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 - 9th Edition Nice Classification of Goods and Services |
| Multiple class filing |
Available |
| Filing of series marks |
Not available |
| Necessary documents |
Power of Attorney |
| Electronic filing |
Available |
| Common objections |
- Prior conflicting rights with another proprietor
- Conflict with a well-known trademark
- Distinctiveness
- Descriptiveness
- Description of goods/services is broad
- Generic; customary or usual signs or indications
- Shapes that may be necessitated by technical factors
- Colour alone
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| 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 |
| 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 |
(a) 3rd year Declaration of Actual Use
- Required within 3 years from filing date of application
- Original deadline can be extended once for a period of 6 months
- Mandatory regardless of basis of application
(b) 5th year Declaration of Actual Use
- Required to be filed on the 5th year from date of registration
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| Useful links |
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
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| 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
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| 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
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| Any specialized courts for IP |
Yes |
Application and Registration Of Trade Marks & Service Marks From 2000 to 2010
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|
Domestic
|
Foreign
|
Total
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Domestic
|
Foreign
|
Total
|
|
1998
|
3668
|
5733
|
9478
|
193
|
926
|
1121
|
|
1999
|
4958
|
5090
|
10053
|
213
|
837
|
1051
|
|
2000
|
4975
|
5648
|
10624
|
545
|
2306
|
2853
|
|
2001
|
5125
|
4536
|
9661
|
477
|
3145
|
3625
|
|
2002
|
6281
|
4740
|
11023
|
661
|
3091
|
3756
|
|
2003
|
6847
|
4969
|
11821
|
611
|
2563
|
3177
|
|
2004
|
6870
|
5272
|
12143
|
1694
|
5099
|
6798
|
|
2005
|
7048
|
5680
|
12729
|
3208
|
6816
|
10024
|
|
2006
|
8317
|
6175
|
14494
|
5027
|
7634
|
12663
|
|
2007
|
8676
|
6402 |
15078
|
7414
|
10177
|
17592
|
|
2008
|
8870
|
6987 |
15858
|
6582
|
7285
|
13868
|
|
2009
|
8874
|
6135
|
15011
|
5380
|
5800
|
11181
|
|
2010
|
9751
|
7076 |
16827
|
2840
|
2758
|
5598
|
|
2011
|
5180
|
4001
|
5180
|
5380
|
5800
|
11181
|
|
Total
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95440
|
78444 |
173981
|
40732
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64578
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105335
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Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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