Trademark Registration with IPOPHL: A Step‑by‑Step Guide

In today’s market, your brand is often your most valuable asset. Protecting it through trademark registration with the Intellectual Property Office of the Philippines (IPOPHL) is no longer optional—it’s basic risk management.

Under the Intellectual Property Code, registration gives you the legal tools to stop others from riding on your name, logo, or tagline:

“The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs… where such use would result in a likelihood of confusion.”

Step 1: Know What a Trademark Is (and Why It Matters)

A trademark is any visible sign that distinguishes your goods or services from others—names, logos, device marks, labels, and even 3D shapes.

Under Philippine law, ownership is generally acquired by valid registration, not mere use. Registration gives you:

• Statutory exclusive rights to use the mark for your goods/services.

• The ability to stop confusingly similar marks in the same or related fields.

• A solid basis for enforcement, including civil and administrative actions.

The Supreme Court has consistently underscored both the power and the limits of registration:

• A registration that appropriates another’s protected trade name is void and cancellable as “contrary to law”. (Campbridge Waterproofing Systems, Inc. v. Greenseal Products [M] Sdn. Bhd.; 2025)

• Applications filed in bad faith—where the applicant knows of another’s prior use and ownership—are unregistrable and confer no priority rights. (Zulueta v. Cyma Greek Taverna Co.; 2023)

• A mark registered in bad faith may be cancelled at any time, and laches cannot be used to shield fraudulent registrations. (Gloria Maris Shark's Fin Restaurant, Inc. v. Lim; 2024)

Thus, register your mark—but do it early, cleanly, and in good faith.

Step 2: Run a Clearance Search

Before you spend on branding and signage, invest a little time in checking if your mark is available.

Practical steps:

1. IPOPHL database search – Check for identical or similar marks in the same or related classes.

2. Business name search – Look up similar trade names with the SEC and DTI; trade names can be protected even without trademark registration and can defeat a later‑filed mark.

3. Market scan – Look at competitors’ websites, social media, platforms, and directories.

If you find a close prior user in your space, it is usually safer—and cheaper—to rebrand early than to fight a cancellation or infringement case later.

Step 3: Identify the Right Owner and Scope

Decide who should own the mark:

• The company (recommended for most businesses), or

• An individual (e.g., solo entrepreneur, consultant).

Then define:

• The goods and/or services you actually offer, and

• Their classes under the Nice Classification (e.g., Class 25 for clothing, Class 35 for retail/advertising, Class 43 for restaurants).

The IP Code requires an application to list the goods/services for which registration is sought, grouped and identified by Nice class. (RA 8293, Sec. 124)

Step 4: Prepare a Compliant Application

Your IPOPHL application should at least contain:

• A request for registration;

• Full name and address of the applicant;

• Indications sufficient to contact the applicant or representative;

• A reproduction of the mark (word, logo, device); and

• A list of goods/services by class.

Step 5: File with IPOPHL and Pay Fees

Applications can usually be filed:

• Online through IPOPHL’s e‑services; or

• In person at IPOPHL.

The filing date is locked in only when minimum requirements and fees are met. This date is crucial for determining priority against later filings.

Step 6: Examination by the IPO

After filing, the application goes through:

1. Formal examination – Is the form complete? Are the details in order?

2. Substantive examination – Is the mark registrable (not generic, deceptive, or confusingly similar to prior marks, or contrary to law/public order)?

If IPOPHL doubts any part of the application (for example, claimed date of first use), it may require supporting evidence:

“If during the examination of the application, the Office finds factual basis to reasonably doubt the veracity of any indication or element in the application, it may require the applicant to submit sufficient evidence to remove the doubt.”
— RA 8293, Sec. 124.4 

Your counsel can respond with arguments, evidence, or amendments to overcome objections.

Step 7: Publication and Possible Opposition

If the examiner finds the mark registrable, IPOPHL will publish it in the E‑Gazette. This starts the opposition period, during which any interested party may oppose—often on grounds such as:

• Prior registration or use of an identical or confusingly similar mark;

• Existence of a well‑known mark; or

• Bad faith in filing (e.g., you copied a former principal’s or partner’s mark).

Step 8: Registration and Your Certificate

If no opposition is filed—or if you successfully defeat it—and all requirements are met, IPOPHL issues a Certificate of Registration.

Step 9: Don’t Forget Declarations of Actual Use (DAU)

Philippine law is strict on actual use:

“The applicant or the registrant shall file a declaration of actual use of the mark with evidence to that effect… within three (3) years from the filing date of the application. Otherwise, the application shall be refused or the mark shall be removed from the Register…”
— RA 8293, Sec. 124.2 

Step 10: Enforce and Maintain Your Rights

After registration, your work is not over. You should:

• Monitor: Keep an eye on the market and new IPOPHL filings.

• Enforce: Act against infringers or confusingly similar marks (demand letters, oppositions, cancellation actions, or civil/criminal cases, where appropriate).

• Review: Reassess your portfolio as your product or service lines expand.

If you are planning to launch or rebrand, or if you suspect your mark has been copied, we can help you design a protection and enforcement plan tailored to your business.

*This blog post is intended for informational and academic purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified lawyer for advice specific to their individual circumstances.

Need a lawyer to help you with trademark registration?

Contact us and set an appointment today. Our team is ready to guide you through every step with clarity, compassion, and legal precision.