Question & AnswerQ&A (IPO)
A collective mark means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristics, including the quality of goods or services of different enterprises using the sign under the control of the registered owner of the collective mark.
A trademark cannot be registered if it consists of immoral, deceptive or scandalous matter; is identical with a registered mark of a different proprietor; consists of national flags, names or portraits without consent; is likely to mislead the public; consists exclusively of generic or customary signs; consists of shapes necessitated by technical factors; consists of color alone unless defined by form; or is contrary to public order or morality.
The priority right is established by filing an application in the Philippines within six months from the filing date of the same application in a foreign country where the applicant is a national, domiciled, or has a real and effective industrial or commercial establishment, accompanied by a certified copy of the foreign application and English translation within three months from the Philippine filing date.
A certificate of registration shall remain in force for ten (10) years from the date of registration and is renewable for successive ten (10) year periods.
If the registrant fails to file the declaration of actual use and evidence within three years from filing the application and within one year from the fifth anniversary of registration, the application is refused or the mark shall be removed from the register by the Director motu proprio.
Any person or juridical entity may apply for trademark registration. Applications must be in the name of the applicant(s), and if assigned, the assignee may file the application.
No drawing is required; instead, two photographs of the container showing the mark clearly and legibly, signed by the applicant or representative, must be submitted. Samples may be required by the Examiner.
Trade names are protected even without registration. Any subsequent use by third parties of the trade name, or confusingly similar names in a manner likely to mislead the public, shall be deemed unlawful and remedies for cancellation and infringement of marks shall apply mutatis mutandis.
A written request for renewal must be filed within six months before or after expiration, containing renewal indication, registrant's name and address, registration number, filing date, recorded goods or services grouped per Nice Classification, signature, and payment of prescribed fees.
The Bureau will notify the applicant to complete or correct the application within one (1) month from mailing of the notice. Failure to respond will result in the application being considered withdrawn.