Documents Required
  1. A simply signed Power of Attorney which does not require notarization and legalization;
  2. The applicant’s complete name and address;
  3. List of goods/services to be covered by the trademark;
  4. Representation of trademark;
  5. If priority is claimed, 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.
Procedure / Time Frame

Under Philippines’ current practice, the estimated time frame from the filing of an application to the issuance of Registration Certificate for a smooth trademark application is approximately 14 to 16 months.

Validity / Renewal

Trade mark registration is valid for ten years from the date of application and may be renewed every 10 years. A request for trademark renewal should be filed within 6 months prior to the expiration of the registration or within a 6 month grace period after the expiration date provided that a surcharge is paid.

Specific Remark

"Declaration of Use In order to maintain a trademark registration in the Philippines, a Declaration of Actual Use (“DAU”) of the mark with evidence of use must be filed within the following periods:

  1. three years from the filing date of an application;
  2. one year from the fifth anniversary of a mark’s registration;
  3. one year from the renewal date of a trade mark registration; and
  4. one year from the fifth anniversary of a mark’s renewal date

To file a Declaration of Actual Use, the Applicant should submit actual proof of use. Under the IPO, the following are the acceptable proofs of use to file a DAU for your trademark:

  1. Labels of the used mark.
  2. A website page downloaded from showing the proof of goods being sold or rendered in the Philippines.
  3. Photocopies of goods or labels of the mark.
  4. Advertising materials or brochures of the marks showing that they are used in the Philippines.
  5. Receipts of goods or services showing proof of goods being sold or rendered in the Philippines in case of online sale.
  6. Contract copies for services indicating the use of marks.

The DAU must be: (a) signed by the registrant, or company officer (in the case of a juridical entity), or their authorized representative; and (b) notarized."

Legal Basis (I.e., Trademarks Act 2019)

Republic Act No. 8293, Intellectual Property Code of the Philippines (IP Code)

Filing Requirement / Documents Required

Direct National Application:-

  1. Filing form request for the grant of a patent;
  2. Applicant's name and address;
  3. Inventor's name and address;
  4. A specification comprising a description, claims and any necessary drawings;
  5. the country and filing particulars of basic application whose priority is claimed;
  6. Form for the appointment of patent agent; and
  7. Filing of an assignment from inventor to applicant.

PCT National Phase Application:-

  1. A copy of the PCT application in English language (i.e. PCT/RO/101);
  2. The details of the PCT application as published by WIPO;
  3. PCT specification as originally filed;
  4. International Preliminary Report on Patentability;
  5. Amendments filed in the international phase (if any);
  6. Power of Attorney; and
  7. Filing of an assignment from inventor to applicant.
Specific Remark
  1. A signed Power of Attorney shall be submitted on filing date or within 2 months from the date of entry. No notarisation or legalisation is required.
  2.  
  3. If the applicant is not the inventor, the applicant should furnish the Assignment Deed in duplicate, officially notarized within 1 month from application date. Legalization thereof is not required.
Procedure / Time Frame
  1. Application

    Applicant is required to submit an application within 12 months of priority date.

  2. Publication & Substantive Examination

    The application will be published within 18 months from the date of filing. Request for substantive examination has to be made within 6 months from the date of publication. Letters of patent will be granted on completion of substantive examination. The invention will be published in the IPO Gazette together with other relevant information.

  3. Opposition

    Third parties are invited to oppose the applications within the stipulated publication period.

  4. Registration

    In case there is no opposition and the Examiner shall order the applicant to pay the registration fee and a Certificate of Registration will be issued

Validity / Renewal

Annual maintenance fees are payable from the 5th year. The due date for payment of the annuity for the 5th year is the 4th anniversary of the date of the publication; the due dates for the following annuities are subsequent anniversaries correspondingly. The fees should be paid within 3 months before the due date. If the owner fails to pay the annual fee, a notice of non-payment is published in the official gazette. Late payment of annual maintenance fees is possible within a grace period of 6 months from the publication of the notice provided that a surcharge and a publication fee are paid.

Novelty Grace Period

12 months

Filing Requirement / Documents Required
  1. Applicant's name and address
  2. Author's name and address
  3. Description of the design.
  4. The country and filing particulars of basic application whose priority is claimed.
  5. Power of Attorney.
  6. Representations of the design.
  7. Classification of the article or articles to which the industrial design is intended to be applied.
  8. A statement justifying the applicant’s rights to the registration of the industrial design, if the author is not the applicant
Specific Remark
  1. A signed and stamped (for legal entities) original Power of Attorney shall be submitted within 2 months from the mailing date of the relevant Office Action.
Procedure / Time Frame
  1. Application

    The Registrar on receipt of application will accord a filing date and will proceed to examine the application on the “formality requirements""

  2. Registration

    If the formal requirements are satisfied, a registration certificate will be issued and the application will be published in the Designs Journal. Once published, the published designs are made available for public inspection.

Validity / Renewal

Design registration in the Philippines is valid for 5 years and may be renewed for 2 additional 5-year periods. The renewal fee is to be paid within 12 months prior to the expiration of the protection period. Late payment is possible within a grace period of 6 months, upon payment of a surcharge.

Novelty Grace Period

6 months