Have you ever experienced doing dibs on the last fry on the plate? Registering your own trademark is much like having dibs on your own brand.
It is a childish comparison but what if you had an idea you just thought of and another person things of the same thing, only at a much later time? Let us say you have an invention which can reduce plastic waste. You have thought about the technique and process. Someone discovered the same technique and process by chance and sells it to a company and earns even if you though of it first?
At that time you made the invention or just thought of the idea and design, wouldn't it be great that you called dibs on that? We can actually do that, well sort of. We apply a patent for our invention, discovery, idea or other things that we have made for ourselves that is unique.
In a businesses, other than the product , the name, logo or trademark are other items an individual or corporation can take ownership. Imagine different businesses with the same exact logo. It would be difficult for at least one of them to be recognized.
The thing is, no matter how witty or catchy your logo or trademark is, someone may have thought of it! That is why it is best to have it registered or file a patent for it. You might be using it without knowing another has registered it for themselves. This may lead to legal issues, so better be safe than sorry.
A patent is an exclusive right for you to use your invention, idea or solution to a problem. Trademarks are registered, that is why you can see the items below after a logo or a trademark.
When to use ®, © and ™ ?
© Copyright
You have written the content and are claiming a copyright to the work. Anything published or not.
® Registered
A trademark that has been registered with the proper trademark office for your state or federal agency.
™ Trade Mark
You are claiming a trademark on the name or phrase based on first use.
Here's how you can file your trademark in the Philippines.
Step 1: Trademark Application
Option 1: File your trademark online which is available in their website: IPOPHL Trademark Electronic Filing System
Option 2: Go to their office in Taguig and file personally.
Office Address: 28 Upper McKinley Road, McKinley Hill Town Center Fort Bonifacio, Taguig City 1634, Philippines
Option 3: Outsource your trademark application to a business services company.
Step 2: Search & Examination
IPOPHL will search their database and look if there's any identical or similar trademark on file. If the application is approved, your mark will be published in the IP Philippines Gazette. This will give the public a chance to oppose in the registration.
Step 3: Issuance & Registrability Report
IPOPHL will search their database and look if there's any identical or similar trademark on file. If the application is approved, your mark will be published in the IP Philippines Gazette. This will give the public a chance to oppose in the registration.
Step 4: 2nd Publication for Opposition & Issuance of Certificate
Once the application is approved, you will receive a hard copy of the certificate which has a validity of ten (10) years, and is renewable after.
Filing Requirements:
- A duly filled-up Trademark Application Form (2 copies).
- Drawing / representation of the Mark.
- Paying the Fees
- Declaration of Actual Use (DAU)
Here's the series of events for my own application for The Bailiwick Academy
April 2017 - filed the trademark in the Intellectual Property Office of the Philippines (IPOPHL)
July 18, 2017 - Received Acknowledgement receipt of my application saying that it's complete. Paid Php 1494.80
August 18, 2017 - Received Registrability Report. They said that it will take around 6mos. after this. I totally neglected to make a follow up as I was doing a lot of things in setting up our platform.
November 27, 2018 - I finally decided to made a follow up and went to their main office in Taguig. Received the letter of Notice of Allowance. Paid the publication fee (Php910 for small entity), issuance fee and 2nd publication fee (for the Certificate of Registration) Php1484.70. Total of Php 2394.70. Take note that if you can't wait for the snail mail to receive this notice and opted to go to their office instead, you have to pay for the print out and research fee amounting to Php30.00.
"Paying the issuance fee and 2nd publication fee together with the publication fee will expidite the release of the Certificate of Registration if no opposition to the registration of the mark is filed within thirty (30) days from publication of the mark in the e-gazette. Please note that if an opposition is filed, the issuance fee will not be refunded."
January 2019 - Calling their office for status update every other week.
February 2019 - Calling their office for status update EVERY WEEK.
March 11, 2019 - Received the Certificate of Registration. You can check it out here: Finally Trademarked: The Bailiwick Academy®
Conclusion:
It's easy to file your own trademark but it takes a lot of time. As with any Philippine government office, you need to do constant follow up to your application or else, it will just go under the pile like what happened to me.