A mark is any visible sign that distinguishes the products (trademark) or services (service mark) of an enterprise, which includes the container of the products or the packaging.
If it is only a name or a designation of an enterprise, it is termed trade name. A collective mark on the other hand, is used by different companies under the control of the registered mark owner. It distinguishes the origin or any other common characteristic of their products or services.
A geographical indication (Gi) identifies products in relation to their place of origin. A GI denotes the quality, reputation, or other characteristics attributed to the products.
Trademark may consist of words, names and first names, signatures, letters, numbers, acronyms, combinations of letters, numbers, signs, logos, slogans, designs, figures, pictographs, labels and three-dimensional trademarks such as the shape of the product or its packaging, color, or combination of colors.
The right to a trademark is granted when its owner registers it with the Intellectual Property Office of the Philippines (IP Philippines). In return, the trademark enjoys a 10-year term of protection, which can be renewed for succeeding periods of 10 years. A trademark owner has the right to prohibit any unauthorized person or entity from using his mark.
Trademarks are powerful economic assets that serve three main functions: an indicator of source, a guarantee of quality, and an advertising tool.
Trademark Application Requirements
- A request for registration
- The name and address of the applicant
- The name of a State of which the applicant is a national or where he has domicile, and the name of a State in which the applicant has a real and effective industrial or commercial establishment, if any
- Where the applicant is a juridical entity, the law under which it is organized and existing
- The appointment of an agent or representative, if the applicant is not domiciled in the Philippines
- Where the applicant claims the priority of an earlier application, an indication of:
- The name of the state which whose national office the earlier application was filed or if filed with an office, the name of that office
- The date on which the earlier application was filed
- Where available, the application number of the earlier application
- Where the applicant claims color as a distinctive feature of the mark, a statement to that effect as well as the names of the color or colors claimed and an indication, in respect of each other, of the principal parts of the mark which are in that color
- Where the mark is a three-dimensional mark, a statement to that effect
- One or more reproductions of the mark or of some parts of the mark, as prescribed in the Regulations
- A transliteration or translation of the mark or of some parts of the mark, as prescribed in the Regulations
- The names of the goods or services for which the registration is sought, grouped according to the classes of the Nice Classification, together with the number of the class of the said Classification to which each group of goods or services belongs
- A signature by, or other self-identification of, the applicant or his representative
Fore more information, contact:
Intellectual Property of the Philippines
IP Philippines Bldg., 351 Sen. Gil Puyat Ave., Makati City
Tel: (02) 752-5450 to 65
photo from: wpromote.com