Trademarks—Philippines—Q&A guide
Trademarks—Philippines—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Philippines—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Philippines published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Villaraza & Angangco—Katrina V. Doble; Danielle Francesca T.C. San Pedro ; Jan Eidrienne R.De Luis

1. What is the primary legislation governing trademarks in your jurisdiction?

Republic Act No. 8293 or the Intellectual Property Code of the Philippines.

2. Which international trademark agreements has your jurisdiction signed?

The Philippines is a party to the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Paris Convention for the Protection of Industrial Property and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

3. Which government bodies regulate trademark law?

The National Committee on Intellectual Property Rights (NCIPR) is a 12-member inter-agency body that formulates and implements plans and policies to strengthen the protection and enforcement of IP rights in the Philippines. The Philippine Intellectual Property Office is the primary government agency tasked with the regulation of trademarks in the Philippines, particularly registration and enforcement. Other members of the NCIPR that specifically enforce trademark laws are the Bureau of Customs, the National Bureau of Investigation and the Philippine National Police. The Food and Drug Administration also deals with trademarks, but only in relation to identifying the brand names of products under its regulatory scope.

4. Who may apply for

Popular documents