• Trademark fees

Fees associated with filing trademark applications in the Philippines, as well as other trademark fees, are available in the fee calculator.

• Multiple-class applications

Multiple-class trademark applications are permitted in the Philippines.

• Minimum filing requirements in the Philippines

For obtainment of a filing date, a trademark application in the Philippines must include:
- request to register a trademark;
- applicant’s details and contact information;
- representation of the trademark;
- list of goods/services for which registration is sought;
- priority data, if any.

• Requirements for the Power of Attorney

A scanned copy of a simply signed Power of Attorney should be filed with the Philippine IP Office within two months from the mailing date of the relevant Office Action requiring submission of the same. Late filing of the document will incur an additional fees. No notarization or legalization is required.

• Priority document

An application claiming conventional priority must be filed within six months from the priority date. An English translation of a certified copy of the priority document may be submitted within six months from the mailing date of the Philippine IP Office examiner’s letter requiring said submission.

• Opposition period

The opposition period in the Philippines constitutes 30 days from the publication of the application.

• Grant, validity term and trademark renewal

Grant fees are to be paid within two months from the mailing date of the Notice of Issuance. Trademark registration is valid for ten years from the registration date. A request for trademark renewal should be filed within six months prior to the expiration of the registration or within a six-month grace period after the expiration date provided that a surcharge is paid.

• Use requirement

Applicants shall file a Declaration of Actual Use (DAU) stating that the trademark is actually being used in the Philippines for the goods and services identified, and the place where goods are being sold, or the services are being rendered. The DAU shall be filed within three years from the filing date of application, within one year from the fifth anniversary of the registration, within one year from the date of renewal, and within one year from the fifth anniversary of each renewal. 

It is also possible to request a 6-month extension for filing the 3rd year DAU, provided that such request is made prior to expiration of the three-year period, and the prescribed fees are paid. 

A request for trademark cancellation in the Philippines may be filed by any interested party in the event of unjustified non-use for three consecutive years.  

• Representation by a trademark attorney

For foreign applicants, it is necessary to perform trademark registration in the Philippines through an agent, a registered Philippine trademark attorney.

• Notes

1. Online Search Databases: Philippine Trademarks, ASEAN TMview.
2. The time limit to file a response to the provisional refusal of an international registration in the Philippines amounts to 2 months from the date WIPO has been notified of the provisional refusal. Applicants may apply to the Office for an extension of time limit. The language of the response is English. It is necessary to appoint a local representative for filing of the response. There is no option for the applicants to request a revision or file an appeal to the provisional refusal.

Brief summary is based on the information provided by Recurra on 06.02.2024
Please contact us if the above information is not in conformity with Philippine IP Laws