Definition | Maintenance and Renewal | Classification
The application for registration of a trademark shall be filed with the Bureau of Trademarks of the Intellectual Property Philippines (IPO).
The examiner shall examine whether the application satisfies the requirements for the grant of filing date. If the application does not satisfy the filing date requirement, the examiner shall notify the applicant who shall have one (1) month from mailing date of the notice to complete the application; otherwise, the application shall be considered withdrawn.
The application shall undergo substantive examination to determine whether it meets the requirements for registration of a mark. If the applicant is found not entitled to registration, the examiner shall issue an office action informing the applicant of the grounds for objection. The applicant has two (2) months from the mailing date of the office action to respond to the objections. The period to respond may be extended upon written request and upon payment of the required fee but in no case shall the total period to respond exceed four (4) months from the mailing date of the office action.
If the examiner finds that the application meets the requirements for registration, a Notice of Publication shall be issued. Otherwise, a decision of final refusal shall be issued by the examiner.
An application found allowable for registration shall be published in the IPO Gazette for opposition purposes. The period to file an opposition is within thirty (30) days from the date of publication.
If no opposition is filed within thirty (30) days from the date of publication, a Notice of Issuance shall be issued requiring payment of the issuance fee for the Certificate of Registration.
The Certificate of Registration shall be issued upon payment of the required fee. A Certificate of Registration shall remain in force for a period of ten (10) years from date of registration provided that a Declaration of Actual Use is filed within three (3) years from filing date of the application and within one (1) year from the fifth anniversary of the registration of the mark.
