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Trademarks Registration & Enforcement (FAQ’s)
No. While IPOPHL (Intellectual Property Office – Philippines) uses a mandatory online filing system (eTMfile), non-domiciled foreigners or foreign businesses without a real and effective commercial establishment in the Philippines must appoint a resident agent or representative (typically a local IP lawyer or law firm). This agent handles the filing and serves as the official point of contact for legal notices.
The Philippines strictly follows a First-to-File system. Trademark rights are acquired primarily through registration, not prior use. It is highly recommended to file an application before or immediately upon launching a brand in the local market to prevent copycats from squatting on your mark.
Yes. Because the Philippines is a member of the Paris Convention and the WTO (TRIPS Agreement), you can claim Convention Priority if you file your Philippine application within six (6) months of your earliest foreign application.
No. Engaging in any form of local employment or commercial activity on a tourist visa is strictly illegal and a ground for deportation.
Unlike many jurisdictions, the Philippines does not require proof of use to file a trademark, but it strictly requires proof to maintain it. Foreigners often lose their marks because they forget to file a notarized Declaration of Actual Use (DAU) with evidence (like localized website screenshots, e-commerce receipts, or product labels showing sales in the Philippines).
You must file a DAU within these strict windows:
3rd Year: Within 3 years from the application filing date.
5th Anniversary: Within 1 year from the 5th anniversary of the registration.
Renewal: Within 1 year from the date of renewal.
5th Anniversary of Renewal: Within 1 year from the 5th anniversary of each subsequent renewal.
Timeline: A straightforward, smooth application (no examiner objections or third-party oppositions) typically takes 6 to 12 months to complete.
Duration: A registered trademark is valid for 10 years from the date of issuance and can be renewed indefinitely for 10-year periods.
Generally, protection against trademark infringement applies only to marks registered with IPOPHL. However, unregistered foreign owners have two major exceptions:
1) Unfair Competition: If a local competitor passes off their goods as yours, causing consumer confusion, you can sue for Unfair Competition even without a registration.
2) Well-Known Marks: If your brand is legally recognized as “internationally well-known” (whether registered locally or not), Philippine law protects it against unauthorized registration or use for similar goods.
If someone infringes on your registered trademark, you have three avenues of recourse:
Administrative Actions: Filed before the Bureau of Legal Affairs (BLA) of IPOPHL. This is often faster and less expensive than court, offering remedies like damages, injunctions, and administrative fines.
Civil Actions: Filed in specialized commercial courts to claim damages, recover profits, and secure preliminary or permanent injunctions.
Criminal Actions: Trademark infringement and unfair competition are criminal offenses in the Philippines. Conviction can lead to imprisonment (2 to 5 years) and heavy fines.