Trademark protection is territorial, which means that the protection accorded in the Philippines to a trademark registered therein is limited to the territory of the Philippines and does not extend to other countries. Our extensive network of foreign correspondents allows us to direct the filing of trademark applications for trademark owners who wish to seek registration of their trademarks in other countries.
While an application should generally be filled in each country where protection is sought, there are some exceptions such as the Community Trademark (CTM) Registration System and the Madrid System for the International Registration (IR) of Marks.
A single CTM registration extends protection in the following twenty-seven (27) countries that are members of the European Union (EU): Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Potugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
A CTM application is filed with the Office for Harmonization in the Internal Market (OHIM). A CTM registration is valid for ten (10) years and is renewable indefinitely for periods of ten (10) years each. A CTM should be put to genuine use in the EU within a period of five (5) years following registration. Otherwise, the registration may be revoked on the ground of non-use.
The system of international registration of marks is governed by the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to the Madrid Agreement. The system is administered by the international Bureau of the World Intellectual Property Organization (WIPO) which maintains the International Register and publishes the WIPO Gazette of International Marks.
Through the system, a single registration extends protection in designated member-countries. An application for international registration may only be filed by a natural person or legal entity that has a real and effective industrial or commercial establishment in, or is a national of, or is domiciled in, a country which is party to the Madrid Agreement or the Madrid Protocol. The Philippines is a party to the Madrid Protocol.
As of July 2012, the following countries are members of the Madrid Union: (1) Albania, (2) Algeria, (3) Antigua and Barbuda, (4) Armenia, (5) Australia, (6) Austria, (7) Azerbaijan, (8) Bahrain, (9) Belarus, (10) Belgium, (11) Bhutan, (12) Bosnia and Herzegovina, (13) Botswana, (14) Bulgaria, (15) China, (16) Colombia, (17) Croatia, (18) Cuba, (19) Cyprus, (20) Czech Republic, (21) Democratic People's Republic of Korea, (22) Denmark, (23) Egypt, (24) Estonia, (25) European Union, (26) Finland, (27) France, (28) Georgia, (29) Germany, (30) Ghana, (31) Greece, (32) Hungary, (33) Iceland, (34) Iran, (35) Ireland, (36) Israel, (37) Italy, (38) Japan, (39) Kazakhstan, (40) Kenya, (41) Kyrgyzstan, (42) Latvia, (43) Lesotho, (44) Liberia, (45) Liechtenstein, (46) Lithuania, (47) Luxembourg, (48) Madagascar, (49) Monaco, (50) Mongolia, (51) Montenegro, (52) Morocco, (53) Mozambique, (54) Namibia, (55) Netherlands, (56) Norway, (57) Oman, (58) Philippines, (59) Poland, (60) Portugal, (61) Republic of Korea, (62) Republic of Moldova, (63) Romania, (64) Russian Federation, (65) San Marino, (66) Sao Tome and Principe, (67) Serbia, (68) Sierra Leone, (69) Singapore, (70) Slovakia, (71) Slovenia, (72) Spain, (73) Sudan, (74) Swaziland, (75) Sweden, (76) Switzerland, (77) Syrian Arab Republic, (78) Tajikistan, (79) the former Yugoslav Republic of Macedonia, (80) Turkey, (81) Turkmenistan, (82) Ukraine, (83) United Kingdom, (84) United States of America, (85) Uzbekistan, (86) Vietnam, and (87) Zambia.
