Trademark Registration
Businesses should protect their intellectual property. This refers not only to keeping trade secrets safe and getting patents for inventions; but also, towards applying or registering copyright or trademark for their logos and names. Applying for a trademark is not like getting a business permit wherein you can get the permit instantly in just a few days. A conservative estimated time of the period of time to complete the whole application process is around 6 to 18 months. This due to the fact that the application will undergo numerous examinations, including publication to give anyone a chance to oppose the registration.
A trademark can be one word, a group of words, a sign, a symbol, a logo, or a combination of all. Registering a trademark allows your company to:
- Protect the brand and/or product offered
• Permit exclusive nationwide ownership of the brand
• Reduce or eliminate direct competition. Another party cannot claim the ownership/exclusivity of the same product
• No other companies can use your brand name
Trademark registration must be done before you start your operation; it has in a way the same importance as your company’s name. Trademark applications are currently being done with the Intellectual Property Office (IPO) of the Philippines. The right to register a trademark is granted only to the one who files a trademark application first.
The need for trademark registration is vital to a brand for the reason that all the marketing investments and efforts might become useless if competitors use the same trademark for similar products or services.
A trademark can serve as the foundation of a franchising agreement. Also, if a distributor plans to distribute the same product, registering a trademark increases the potential source of revenue through royalties.
To apply for trademark registration in the Philippines, an applicant must provide the following:
- Signed trademark application form, which includes:
- The country or residence of incorporation;
- Name and address of the local representative, if the applicant is not residing in the Philippines;
- Details of the priority claim, such as filing date, application number and country or state where the application was filed, designation of goods and services, reproduction of the mark, a transliteration or translation of the trademark or some parts of the trademark, an indication whether the trademark is three-dimensional, a collective mark or for a stamped or marked container of goods, and colors claimed, if any.
- Signed Power of Attorney, if the filing is through a representative;
- Plain copy of the home application, if priority application is claimed;
- Sworn statement that the applicant is a small entity, if applicable.