How to Apply for a Trademark in the Philippines
Trademark applications with the Intellectual Property Office of the Philippines can now be done online.
In an interview in January 2024, Intellectual Property Office of the Philippines (IPOPHL) Director General Rowel Barba revealed that his office is hoping for a 5% to 10% increase in intellectual property (IP) filings for the year, which include trademark applications.
Even Department of Trade and Industry (DTI) Secretary Alfredo Pascual stressed the importance of trademarks, particularly when it comes to the growth and competitiveness of micro, small, and medium enterprises (MSMEs).
“Trademarks are more than just symbols of brand identity,” he said during the Philippine Trademark Conference, which was held on July 24, 2024. “They represent the integrity, quality, and reputation of businesses. In today’s globalized economy, trademarks are vital for companies to distinguish their products and services, build consumer trust, and foster brand loyalty.
“They are instrumental in enabling businesses to compete effectively in both local and international markets,” Secretary Pascual added.
Applying for trademarks here in the Philippines has been made more convenient and efficient by the government as it can now be done online. However, those who want to apply for trademarks in person are free to do so.
Applying for a Trademark Online
The first step in filing a trademark application online is to head to the eTMFile page. From there, the applicant must select the type of mark they are applying for. The types of marks are as follows:
- Word mark – represented using words, numbers, letters, and other characters that can be typed
- Figurative mark – represented using graphics, pictures, or images and should not contain words or letters
- Figurative with words mark – represented using graphics, pictures, or images and includes words or letters
- 3D mark – represented using a three-dimensional shape (i.e. the actual product or package)
- Stamped or marked container for goods – any container of goods on which a mark is either impressed or molded
After selecting the appropriate type of mark, the applicant should provide additional details if needed. These include disclaimers, color values, and transliteration. The applicant should then list down the goods and services covered by the mark.
Should there be an existing international application for the mark, this should be declared as well. If this does not apply, the applicant can skip this process and move on to filling out the applicant details.
Once this step has been finished, the applicant must declare their entity status and choose between Small Entity or Big Entity. Small Entity should be chosen by applicants with assets equal to or below PHP 100 million. Those with assets above PHP 100 million fall under Big Entity. After making the declaration, the applicant can now submit the application.
The applicant will then be required to pay for the application online via Dragonpay, Paymaya, or Visa. Further instructions on how to proceed will be shown once payment has been made.
Applying for a Trademark in Person
Those interested in filing a trademark application in person must first fill out two copies of the Trademark Application Form, which can be found here. The drawing of the mark must be included in the application.
The application should then be submitted to IPOPHL. This is also where the applicant will pay for corresponding fees in order to process the application.
Fees for Trademark Application
The following fees are required to process a trademark application:
Fee | Small Entity | Big Entity |
Filing Fee (per class) | PHP 1,200 | PHP 2,592 |
Claim of Color (per class) | PHP 280 | PHP 600 |
Publication | PHP 900 | PHP 960 |
Issuance of Certificate of Recognition | PHP 570 | PHP 1,200 |
Declaration of Actual Use (3rd year) | PHP 900 | PHP 1,920 |
2nd Publication (Publication of Registration) | PHP 900 | PHP 960 |