Trademark
A trademark is any visible sign capable of distinguishing the goods of an enterprise and shall include a stamped or marked container of goods.
Service Mark
A service mark is any visible sign capable of distinguishing services of an enterprise.
Collective Mark
A collective mark is any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark.
Trademarks
A trademark is a visible sign that sets your brand and products apart from that of your competitors. It grants the owner of a trademark the exclusive right to prevent others from using an identical or similar mark for identical or similar goods or services. Thus, we recommend registering your brand and products to prevent others from taking advantage of the goodwill that your brand and products have acquired.
De Leon IP Law Firm can help you register your trademark in the Philippines, as well as in other countries through the Madrid Protocol. Our experienced IP lawyers will guide you through the entire trademark registration, maintenance, and renewal process.
Trademark Registration
Our lawyers will assist you in drafting your trademark application to minimize the chances of rejection. This entails selecting the right type of trademark (word mark, composite mark, slogan, etc.), making sure that your mark is distinctive, selecting the appropriate goods and services, and their respective Nice classes.
Trademark Search/Clearance Search
Before filing your trademark application and using your mark in the marketplace, we recommend conducting a trademark search first to determine if there are existing trademarks or trademark applications that would bar the registration of your mark. Our lawyers are adept at conducting trademark searches. We will provide you with a trademark search report that outlines your likelihood of success of having your mark registered in the Philippines.
Responding to an Intellectual Property Office of the Philippines (IPOPHL) Registrability Report
In cases where the trademark examiner issues a Registrability Report objecting to the registration of your trademark application, we can assist you in drafting a response to the report to overcome the objection, as well as file an appeal to the ruling of the examiner, if necessary.
Trademark Maintenance and Renewal
A trademark, once registered, shall remain in force for ten (10) years. However, during that period, the law requires the trademark owner to file Declarations of Actual Use to ensure that the trademark is still being used in the Philippines. A lot of trademarks are removed from the trademark registry because their trademark owners failed to file the Declarations of Actual Use. To keep your trademark active, De Leon IP Law Firm will ensure that the Declarations of Actual Use and the Request for Renewal of your trademark are timely filed.