Secure Your Trademark – NOW!

Why is it important to secure your Trademark immediately?

The Philippines observe the first-to-file rule. Thus, if you filed an application for a mark, no one can file an application for the same mark anymore.

Google

GoogleTrademark Value: $44.3 billionCompany market capitalization (number of shares times share price): $164 billionStill the most popular search engine, Google, with its mobile operation system, Android, has now surpassed Blackberry and Apple’s systems in terms of market share. 

Forbes Article:

The 10 Most Valuable Trademarks

They Have Registered Their Trademarks. How About You?

The Benefits of having a Registered Trademark: If you don’t register your trade mark, then someone else can. This immediately puts your business and any product or service development you are undertaking at risk.

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business.

They Have Registered Their Trademarks. How About You?

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business.

Trademark Search

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs.

Trademark Registration

Our trademark registration service is straight forward, simple and dependable. No hidden charges.

Trademark Watch

Proactive monitoring of registered marks, helping identify and act against infringement and misuse of trademarks in a timely manner.

Trademark Renewal

Do not risk losing your company’s registered marks. Trademark registration in the Philippines is valid for ten years.

Frequently Asked Questions

What is a Trademark?

The Philippine Intellectual Property Code (IP Code) broadly defines a trademark as “any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods.” Thus, a mark (1) must be a visible sign and (2) must be capable of distinguishing one’s goods and services from those of another.

What Law Governs Trademarks?

Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines primarily governs intellectual property rights in the Philippines. In addition, the Philippines adheres to the Paris Convention for the Protection of Industrial Property Rights and the Agreement on Trade-Related Aspects of Intellectual Property Rights also known as the TRIPS Agreement.

What Marks Cannot Be Registered?

A trademark cannot be registered if it:

(a) Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

(b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof;

(c) Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow;

(d) Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of:

(i) The same goods or services, or

(ii) Closely related goods or services, or(

iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion;

(e) Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services: Provided, That in determining whether a mark is well-known, account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;

(f) Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for: Provided, That use of the mark in relation to those goods or services would indicate a connection between those goods or services, and the owner of the registered mark: Provided further, That the interests of the owner of the registered mark are likely to be damaged by such use;

(g) Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;

(h) Consists exclusively of signs that are generic for the goods or services that they seek to identify;

(i) Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;

(j) Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services;

(k) Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;

(l) Consists of color alone, unless defined by a given form; or

(m) Is contrary to public order or morality.But as regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the registration of any such sign or device which has become distinctive.

Why Should You Register Your Trademark?
  • Your trademark distinguishes your goods from others, it also represents your business identity, image, and reputation that sets it apart from your competitors.
  • It increases in intrinsic value.
  • Registration of your trademark will protect your business and shield it from unscrupulous persons who want to ride on the goodwill which your business has painstakingly created through the years.
  • There are legal remedies available to owners of registered marks from infringers such as Civil and criminal actions for infringement, unfair competition, false or fraudulent declaration and false designation of origin.

CONTACT US

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You Need.

Build a team of skilled professionals without adding the expense of full-time employees.

The right path to your business journey.

info@evergreenph.com
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