eTM File - FAQs
What is IPOPHL Trademark Electronic Filing System (eTMfile)?
The eTMfile is a trademark application system that allows the user to file a new application and pay the corresponding fees online.
Are there software requirements to use the eTMfile?
None. The eTMfile is compatible with both Microsoft and Mac operating systems. The system is supported on Google Chrome, Mozilla Firefox, Internet Explorer, and Apple Safari (preferably the latest versions).
Is registration required to access the eTMfile?
No. Anyone who has an internet connection can access the eTMfile without need to register.
Is it feasible for a foreign applicant to file an application directly using eTMfile?
eTMfile is not configured to enable foreign applicants to file a new application through the system. Consistent with the provisions of the IP Code and the Trademark Regulations of 2017, application of one who is not domiciled or has no real and effective commercial establishment in the Philippines should be coursed through a resident representative/ agent to whom all notices or processes in proceedings affecting the mark shall be sent.
When can I file applications using the eTMfile?
The eTMfile is available 24 hours a day, seven days a week except for scheduled site maintenance which IPOPHIL generally posts notice in advance.
Can I file online application in IPOPHL satellite office (IPSO)?
Yes. You may proceed to any IPSO where you may file your application online. An IPSO officer is also at hand to render assistance if needed.
What do I need to prepare before filing an application online using the IPOPL eTMfile?
If your mark is figurative, you need to have a reproduction of the mark in JPEG format. Figurative marks are marks that consist of graphic features, special characters, colors, or a figurative element combined with one or more words. Stylized words or words in a specific font are also considered figurative.
Do I need to submit a printed version of the application?
No. All information and attachments that you submit via eTMfile are directly uploaded to the IPOPHL database.
Are there specifications for the reproduction of the following marks - figurative, three-dimensional, stamped, or marked container of goods?
Yes. The reproduction of the figurative mark must be in JPEG format, clearly depicting the colors being claimed and must not exceed one (1) MB. If colors are not being claimed, the reproduction of the mark must be submitted in black and white.
How will I know the fees I need to pay?
The fees are automatically calculated by the system based on the information that you provide (number of classes of goods and/or services, priority claim, etc.). The computation is shown on the upper right corner of the page. The total fee must be paid in full; partial payment will not be accepted. Unpaid applications are automatically removed in the IPOPHL database without notice.
To view the Schedule of Fees, click on this link: Schedule of Fees
How do I pay the required application fees online?
At present, online payment may be made through the Dragonpay payment facility or Visa credit card. Online payment options will be expanded over time.
Are there additional charges if I choose to pay through payment channels other than the IPOPHL Cashier?
On top of the IPOPHL filing fees, the following payment channels/integrator will charge the ff:
- VISA thru DBP charges 2% of the transaction amount
- Dragonpay charges P20 per transaction PLUS the different payment channels will charge their own convenience fees.
- VISA, Mastercard, JCB credit cards thru Paymaya charges 1.25% of the transaction amount
- Paymaya Wallet charges P8 per transaction.
This is in accordance with "DTI-DOF Joint Department Administrative Order No. 10-01 Guidelines on the Use of Access Devices for Payment of Fees, Charges, Assessments and Other Revenues Due to the Government through the Electronic Payment and Collection System (EPCS) of a Government Entity", which allows electronic payment service providers to collect convenience fees from the transacting client.
What is Dragonpay?
Dragonpay is an online payment solution that enables a user to make a payment other than credit card, debit card, PayPal and the like. Through Dragonpay, the IPOPHL clients can use their existing online banking facility or pay cash over-the-counter at physical retail channels. This facility automatically monitors the online and offline payments made and notifies IPOPHL of a completed payment which in turn triggers the latter to start processing the application filed online. For details on Dragonpay, click this link.
If I choose to pay through Dragonpay, do I need a Dragonpay account?
No. Dragonpay facilitates payment transactions by linking up with several payment partners (Philippine-based banks and other payment facilities) and collecting payment on behalf of IPOPHL. This option is open to the public and does not have a registration requirement.
What are the payment modes and who are the payment partners of Dragonpay?
Dragonpay is currently supported by the following modalities:
- Online Banking: BDO, BPI, RCBC, Unionbank, LandBank
- Over-the-Counter cash payment at selected banks: BDO, BPI, RCBC, RCBC Savings, UCPB, and Unionbank. Check payments in these banks are accepted but are subject to bank clearing guidelines. Additionally, payment can be done through the ATM machines of the following banks: BDO, BPI, Unionbank, RCBC, and UCPB
- Over-the-Counter cash payment at selected payment collection centers such as LBC, SM Payment Counters, Robinsons Department Stores, Cebuana Lhuillier and M. Lhuillier branches nationwide.
- Mobile Payments: Globe GCash
When I click on Dragonpay, a login ID and password is required. What login ID and password does it refer to?
The required login ID and password pertains to the internet banking login ID and password with your bank. This is the same login ID and password that you use when you check your bank account balance over the Internet. Dragonpay does not require a separate ID and password other than the one you already have. For more details, please click this link
I encountered problems using the Dragonpay option with my application payment. Who do I contact for help?
Please contact the Dragonpay Customer Service for assistance.
How do I know if IPOPHL has received my electronic application and payment?
After completely filling out the online form, a digitally signed acknowledgment receipt is generated which serves as proof that the application was received. However, it bears emphasis that the electronic filing is only considered complete, and the filing date accorded, after the payment is made. An email confirming the filing date and application number will be sent to your email of record within three (3) days from receipt of the payment confirmation from the bank. Note however that BDO and BPI’s payment confirmation is sufficient proof that the corresponding application was filed on the date and time the payment was received.
What happens if I receive only a confirmation receipt from the bank but not from the IPOPHL three (3) days after filing an application?
Please contact the IPOPHL by telephone or email except when bank confirmation receipt emanates from BDO or BPI.
What is the filing date for an application filed electronically?
The filing date of an electronically filed application is the date when full payment is made.
What is the difference between a small entity and a big entity applicant? Is there a need to submit proof that the applicant either small or big entity?
A small entity applicant has assets worth Php 100 million or less while a big entity applicant has assets over Php 100 million.
The applicant must declare small entity or big entity by ticking the appropriate box in application form. If a big entity applicant is later determined to be misreporting to be a small entity applicant, the processing of the application is deferred, and the applicant will be required to pay the correct corresponding fees.
How would I know the correct classification of the goods and/or services covered by my application?
The eTMfile system provides access to NICE classification including the corresponding list of goods and services. You may either conduct a search or provide/encode the goods and /or services that are covered by your application which will automatically be validated and a corresponding report on classification will be generated and reflected on the page.
If the goods and/or services provided are misclassified, can the applicant still proceed with the inclusion of such terms?
Yes, but during the examination process the examiner will evaluate whether the goods/services indicated are acceptable and the corresponding class/es to which the terms fall under is correct. If the terms fall under classes that are not included in the application, the applicant will be required to pay an additional fee or remove the terms from the application. Note that this evaluation delays the processing of the application.
What is a similarity report?
Also known as a preliminary search report, it refers to the systems generated list of similar marks utilizing TMview, a search tool of the ASEAN database of pending application and registered marks. The sole purpose of the report is to provide prospective applicants of an enumeration of possible conflicting marks registered in the Philippines, and help them decide whether or not to pursue the filing of application for registration of a mark. It is underscored that a similarity report is limited to word search only, and not as thorough and as exhaustive search done by the Trademark Examiners during the examination process, wherein a Registrability Report is issued setting forth their findings including cited marks, if any.
What attachments may be included in the online filing of trademark application?
The following documents should be attached to the application, as needed:
- Priority Claim document/s and its official translation, if not in English language. The claim should cover all the classes in the application. If the priority claim covers only some of the classes in the application see item 27 below.
- Priority Examination Request, under oath;
- Declaration of Actual Use (DAU) per Trademark Regulations requirements;
- Special Power of Attorney designating the resident representative;
- Other applicable supporting documents.
The applicant must ensure that the attached documents comply with the IPOPHIL requirements, otherwise, the applicant may be requested to submit the document/s again. The submission of some documents also impacts on the fees to be paid. The applicant must verify the corresponding fees in the SCHEDULE OF FEES
The attachments must be in PDF files, preferably searchable online.
Can I file an application through eTMfile where the priority claim covers lesser number of classes than those covered by the application?
No. But you can file this through eDocfile by using the Request Type: Response to examination action with payment of additional priority claims, where the number of classes is editable.
What happens if I upload the incorrect attachments?
The examiner will require you to submit the correct attachment, which is considered received only at the time of receipt of the correct document. It is emphasized that the submission of wrong attachment/s delays the processing of the application.
Can I save my application and resume the electronic filing at a later time?
Yes. You may opt to save application by choosing the “Export Application as XML” option. The system generates the file as “application.xml” that is saved in the “Downloads” folder. When you are ready to resume the filing of your application, simply click the “Import Application XML” button in eTMfile to open the saved file.
Do I need to submit a cover letter together with my electronic application?
No. A cover letter is not a requirement for online application.
What law or rules govern the electronic filing of trademark applications?
The Intellectual Property Code and the Trademark Regulations of 2017 apply to applications filed electronically. Online trademark applications are examined in accordance with the same rules and regulations that govern applications that are filed manually.
How long will it take me to file the application electronically?
Electronic filing should not take more than 15 minutes, depending on the amount of information that you will provide. Be aware however that the page expires if there is inactivity for 10 minutes.
Are due dates for filing of application-related documents and/or payments extendible?
As a general rule, no extensions are permitted except when sanctioned under the IP Code and the Trademark Regulations of 2017. Also there are events outside of IPOPHL’s control that impede the applicants’ access to the eTMfile system, for example when the IPOPHL server or Dragon payment portals is down, in which case exception to the general rule may be considered. IPOPHL disseminate public advisories in this regard.
Does IPOPHL have a 24-hour live support for eTMfile and eDocfle technical issues?
No but IPOPHL has customer service hotline at 02-7238-6300 from Mondays to Fridays, 8:00 AM to 5:00 PM. It has also recently deployed a chatbot that can assist you real time during business hours.
Related FAQs: eCorr, eDocFile for Trademarks
We're working hard to answer your queries, please note that this page will be updated from time to time. Got urgent concerns? Send us a message at ask@ipophil.gov.ph