Trademark Registration Procedure
Once an application is filed, an applicant can expect to hear a first office action on it by the Intellectual Property Office in about 6 to 8 months. At that time, an applicant may be required to comply with adjustments to its application or respond to certain requirements issued by the Trademark Examiner in order to receive approval for registration. The time frame for receiving a registration may take as little as one year to as long as several years, depending on a strength and availability determination made by the Trademark Examiner. Once a mark is registered and properly maintained, it is valid for ten years and renewable thereafter for periods of ten years.
Minimum Requirements for Filing a Trademark Application
- Duly signed trademark application (notarization and authentication no longer necessary).
- Certified copy of home registration/application with verified English translation, if not in the English language. This document is necessary if and only when convention priority is being claimed.
- Duly signed Special Power of Attorney (notarization and authentication no longer necessary). This document can be submitted either during or within a reasonable time after the filing of the application;
- Drawing and facsimiles of the mark.
- Representation of the mark.
- Filing fees.
The priority documents must be submitted not later than three months from the filing date of the Philippine application. Otherwise the claim of convention priority will be forfeited or rejected.
The minimum filing requirements of a petition for renewal of registration are:
- Duly signed Petition for Renewal of Registration, legalized and authenticated up to the Philippine Consulate. Such petition may be made at any time within six months before the expiration of the period for which the registration was issued or renewed, or it may be made within six months after such expiration on payment of the additional fee.
- Duly notarized and authenticated Special Power of Attorney (necessary only if executed separately from the petition).
- Five labels showing the mark as actually used.
- Filing fees.
Note: As per the provisions of the Intellectual Property Code of the Philippines, which took effect on January 1, 1998, a multi-class trademark application is now acceptable.