WHAT IS A TRADEMARK?
WHY IS IT will need to file applications in the countries where
IMPORTANT?
A trademark is a tool used that differentiates goods
and services from each other. It is a very important
marketing tool that makes the public identify goods
and services. A trademark can be one word, a
group of words, sign, symbol, logo, or a
combination of any of these. Generally, a trademark
refers to both trademark and service mark, although
a service mark is used to identify those marks used
for services only.
Trademark is a very effective tool that makes the
public remember the quality of goods and services.
Once a trademark becomes known, the public will
keep on patronizing the products and services.
Utilized properly, a trademark can become the most
valuable business asset of an enterprise. In addition
to making goods and services distinctive, the owner
of a mark may earn revenues from the use of the
mark by licensing its use by another or though
franchising agreements.
HOW CAN YOU PROTECT YOUR MARK?
In the Philippines, a trademark can be protected
through registration. Registration gives the
trademark owner the exclusive right to use the mark
and to prevent others from using the same or similar
marks on identical or related goods and services.
The right to a trademark is granted to the one who
first files a trademark application with the IP
Philippines. Before applying for trademark
registration, it would help if you conduct a search in
the trademarks database to determine if there are
identical or similar marks that would prevent the
registration of your mark. This is to prevent future
conflicts with marks that are already registered or
with earlier filing dates.
The trademark protection granted by IP Philippines
protects your mark only in the Philippines. If you
want your mark protected outside the country, you
Trademark-IPO
you want your mark registered.
What may be registered?
Your mark should be able to distinguish your goods
or services from those of others. Your mark should
also meet the requirements for registrability of
marks under Sec. 123.1 of the Intellectual Property
Code.
Your mark will not be registered if it is:
DESCRIPTIVE
These are marks that describe the characteristics of
the goods or services. Examples are DURABLE
for shoes (describes the quality), A LITER for
cooking oil (quantity), and so is KITCHEN for
cooking utensils (intended purpose).
MISLEADING
Marks that are likely to deceive or have the
tendency to misinform the consumers about the
actual characteristics of the goods or services like
BOLPENS for pencils, COLA for alcoholic
beverages, BULAKAN for sweets not originating
from or produced in Bulacan.
GENERIC and customary to trade
Generic marks are names of products they seek to
identify. For instance, KAP KEYK for cupcakes,
CAFFE for coffee and MAKINAH for
machines.
Marks and indications that have become common in
everyday language or usage can not be registered.
They no longer distinguish the goods and services
because they are used so often to refer to the goods
and services. Example of this is VCO for virgin
coconut oil, DIAMOND PEEL for services
involving cosmetic procedure.
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Contrary to Public Order or Morality
1. A duly filled out trademark application form
Marks that are against the common standard of 2. Drawing of the mark
morality. An example is PRO-TERRORISM for 3. Payment of fees
clothing.

CONSISTS OF NAMES, PORTRAITS OF

PERSONS, MAPS, FLAGS AND OTHER
POLITICAL SYMBOLS

Marks that contain names or portraits of living

individuals may be rejected unless the individual
gives written consent. For instance, no one can use
the picture of Manny Pacquiao as a trademark
unless he is Mr. Pacquiao himself or he was duly
authorized by Mr. Pacquiao.

SHAPE AND COLOR

Shapes must be distinctive from the usual shape of

goods or containers of the goods, in order to be
considered a trademark. One classic example is the
COKE BOTTLE.

Color alone is not accepted unless it is defined by a

given form.

MARKS THAT MAY CAUSE CONFUSION

Your mark cannot be registered if it is identical with

or similar to a registered mark or a mark with earlier
filing date for goods and services that are exactly
the same or for goods and services that are related.
Consumers should not confuse your mark with the
marks of others.

Identical with, or confusingly similar to WELL-

KNOWN MARKS

Marks that are identical with or similar to marks

that are known internationally and in the Philippines
will be refused registration.

What are the requirements to apply for

registration?

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