|
TRADEMARK-RELATED
QUESTIONS
1. How do I register
my trademark?
| |
To obtain a
filing date, you only need to submit:
- Request
to register a mark;
- Your identity,
contact address and signature. If you are a non-resident registrant,
the name
and address of your resident agent;
- A reproduction
of the mark;
- List of
goods or services sought to be included; and
- Filing fee
in full amount
No attestation,
notarization, authentication, legalization or other certification
is required.
EXCEPT where
you claim to be a Small Entity and wish to pay the filing fee on
that basis. Otherwise, all applicants are presumed to be Big Entities.
|
2. How much is
the filing fee for marks?
| |
The
filing fee is P2,181.60 for Big Entities and P1,090.80 for Small
Entities. The filing fee is computed and due for each class of goods
or services.
A small entity is:
- Any natural
or juridical person whose assets are worth Twenty Million Pesos
(P20M) or less; or,
- Any entity,
agency, office, bureau or unit of the Philippine government including
government-owned or controlled corporations, state universities
and colleges and government- or government-run schools.
A
big entity is any natural or juridical person other than
a small entity as defined above.
Any
natural or juridical person is presumed to be a big entity unless
a written statement to the contrary is submitted by such natural
person or the duly authorized representative of such juridical person.
A
small entity is entitled to a fifty percent (50%) reduction of the
rates unless otherwise provided in the Rules.
Entitlement
to the reduction of rate may be claimed at the time of payment by
submitting the sworn statement mentioned earlier. Said written statement
shall be submitted only once for each application, case or registration.
The
change in status or any assignment or other transfer from big entity
to small entity shall not result in any refund whatsoever of any
payment made prior to the submission of the sworn statement. A change
in status, assignment or other transfer from small entity to big
entity shall not result in any increase of fees paid prior to the
recordal of the change, assignment or other transfer.
|
3. Are there other
requirements for trademark applications?
| |
The
other formal requirements, which are not necessary at the point
of filing, but which you may already include to facilitate the formal
examination are:
- Name of
the state where you are a national, domiciled or have a real and
effective industrial or commercial establishment
- If you are
a juridical entity, the law under which you are organized and
existing
- Where priority
of an earlier application is claimed, details of the claim, i.e.:
name of the state or office where the earlier application was
filed, its filing date and, if available, the application number
- If color
is claimed, the details of the claim, i.e.: name or names of the
color or colors claimed and the principal part or parts of the
mark in that color
- Indicate
if the mark is three-dimensional
- Transliteration
or translation of the mark or part of the mark
- Ten facsimiles
of the mark.
|
4.
Application Forms for mark – where can I get them?
| |
To help you
comply with the filing date and the other formal requirements,
Forms are downloadable
from this IPO Website under “SERVICES”
Or, at the:
Documentation
Information and Technology Transfer Bureau
Intellectual Property Office of the Philippines
2nd Floor, IPO Building, 351 Sen. Gil Puyat Avenue, Makati City
Tel. Nos.: 752-5450 to 65 local 207
Telefax: 897-1724
E-mail address: DITTB@ipophilippines.gov.ph
|
|