Trademarks - General Information

  • Filing System: Multi-Class Filing System.
  • Classification of goods/services: 11th Edition of Nice Classification.
  • Registrables: trademarks, service marks, collective marks.
  • Member of Paris Convention: yes.
  • Claiming priority under Paris Convention: yes.
  • Filing international registration under Madrid Agreement: no.
  • Filing international registration under Protocol to Madrid Agreement: no.
  • Time from filing to registration: 2 to 3 years
  • Protection (registration) duration: 10 years from the registration date.
  • Examination type: formal examination.
  • Examination time: 2 months.
  • Publications: in the Official Gazette after acceptance.
  • Opposition period: 30 days.
  • Time limit to pay publication fees after acceptance: within 2 months.
  • Use: a registered mark may be subject for a cancellation action by any interested party if it has not been used for 3 consecutive years.
  • Renewal application can be made within: 6 months before expiry.
  • Renewal duration: 10 years.
  • Grace period to renew after expiration: 6 months with penalty.
  • Method of conducting the search: official search and non-official search.
  • Search for a device: possible.
  • Time required to complete the search: 3 days.
  • Time period of the license: can be decided by parties.

According to Philippine Trademark Law, a Declaration of Actual Use (DAU) of the mark should be filed within three (3) years from the filing date. Otherwise, the application shall be refused or the mark shall be removed from the register by the Director.