Yes, registration of one’s trademark or services mark is required before one can prevent third parties from using the mark. The owner of a trademark registration will have the exclusive right to prevent all third parties from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered, where such use would result in likelihood of confusion.
A certificate of registration of a trademark or service mark is prima facie evidence of the ownership and validity of the trademark registration.

The requirements for a trademark application are:

1. signed and completed trademark application form indicating the following:
   1. name, address, domicile and other contact details of the applicant;
   2. name, address and other contact details of the Philippine representative and agent;
   3. image or reproduction of the trademark;
   4. classes and corresponding goods and/or services to be covered;
   5. if there is a claim of priority of an earlier application, a declaration claiming the priority of that earlier application indicating the following:
      1. name of the State with whose national office the earlier application was filed or if filed with an office other than a national office, the name of that office;
      2. date on which the earlier application was filed; and
      3. application number of the earlier application;
   6. if the applicant claims color as a distinctive feature of the mark, a statement to that effect as well as the name or names of the color or colors claimed and an indication, in respect of each color, of the principal parts of the mark which are in that color;
   7. if the mark is a three-dimensional mark, a statement to that effect;
   8. if the application is for a collective mark, a designation to that effect;
   9. transliteration or translation of the mark or of some parts of the mark;
2. signed Power of Attorney designating a Philippine resident agent
3. payment of official filing fees.

The minimum requirements for securing a filing date for a trademark application are: trademark application form indicating the name and address of the applicant, reproduction of the mark, and list of goods and services, and payment of the official filing fees.

Yes. The signed Power of Attorney appointing the Philippine resident agent may be submitted even after the filing of the trademark application.

No. Actual commercial use of the trademark is not required at the time of the filing of the trademark application.

Yes. A trademark application can cover several goods or services whether they belong to one class or to several classes. Where goods or services falling to different classes have been included in one trademark application, such application will result in one (1) registration.

Yes. Any application referring to several classes of goods and/or services referred to as the “initial application” may be divided by the applicant into two (2) or more applications referred to as “divisional applications” by distributing among the latter the classes referred to in the initial application. However, a single class shall not be subdivided, except where the examiner determined that the goods or services fall under a different class.
The request to divide an application must be submitted at any time prior to publication of the mark for opposition. Upon receipt of such a request together with the corresponding payment, the Office shall accordingly assign application numbers to the divisional applications, but the filing date shall be the same as the filing date of the initial application.
Upon request by the applicant and payment of the corresponding fee, a locally filed multi-class application partly based on a foreign application/ registration and covering class/classes of goods and/or services not included in the foreign application or registration shall be divided into the following:

1. Application with class/ classes of goods/services covered by convention priority; and
2. Application with class/classes of goods /services not covered by convention priority.

Only the divisional application/s covering class/classes of goods/services included in the foreign application /registration shall preserve the benefit of the right of convention priority. The divisional application/s covering class/classes of goods/services not included in the foreign application/registration shall bear the filing date of the initial application.
A request to merge separate applications belonging to the same applicant may be filed at any time before publication of the mark for opposition. A written request for merger shall be submitted by the applicant and the required fees paid.

The following cannot be registered as trademarks:

1. Those which consists of or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them contempt or disrepute;
2. Those which consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or any of foreign nation, or any simulation thereof;
3. Those which consists of a name, portrait or signature identifying a particular living individual except by the person’s written consent; or the name, signature, or portrait of a deceased President of the Philippines, during the life of the surviving spouse, if any, except by the latter’s written consent;
4. Those which are identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of: (i) the same goods or services; (ii) closely related goods or services; or (iii) if it nearly resembles such a mark as to be likely to deceive or cause confusion;
5. Those which are identical with or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered in here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services: Provided, That in determining whether a mark is well-known, account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;
6. Those identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for; Provided, that use of the mark in relation to those goods or services would indicate a connection between those goods or services, and the owner of the registered mark; Provided further, That the interests of the owner of the registered mark are likely to be damaged by such use;
7. Those likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services.
8. Those which consists exclusively of signs or indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;
9. Those which consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of the goods rendering of the services, or other characteristics of the goods or services;
10. Those which consists of color alone, unless defined by a given form; or
11. Those contrary to public order or morality.

The following may file an application for the registration of a trademark:

1. Filipino nationals;
2. Any person who is a national or who is domiciled or who has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition to which the Philippines is also a party, or extends any reciprocal rights to nationals of the Philippines by law.

No.  Only the owner of the trademark may apply for its registration in the Philippines.

If the applicant is not domiciled or has no real and effective commercial establishment in the Philippines, he must appoint and appoint a resident agent or representative.

Under Philippine law, an application for registration of a trademark filed in the Philippines shall be considered as filed as of the day the application was first filed in the foreign country if the applicant:

1. is a national or who is domiciled or who has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition to which the Philippines is also a party, or extends any reciprocal rights to nationals of the Philippines by law; and
2. previously filed an application for registration of the same mark in one of those countries

A trademark registration is valid for ten (10) years provided that the required Declarations of Actual Use has been filed.

The applicant or registrant should file a Declaration of Actual Use within the following periods:

1. Within three (3) years from the filing of the trademark application
2. Within one (1) year from the fifth anniversary of the trademark registration;
3. Within one (1) year from the renewal of the trademark registration; and
4. Within one (1) year from the fifth anniversary of the renewal of the trademark registration.

The Declaration of Actual Use must be signed and notarized. It must also be accompanied by proof and/or evidence of actual use in the Philippines.

The following shall be accepted as proof of actual use of the mark:

1. labels of the mark as these are used;
2. downloaded pages from the website clearly showing that the goods are being sold or the services are being rendered in the Philippines;
3. photographs (including digital photographs printed on ordinary paper) of goods bearing marks as these are actually used or of the stamped or marked container of goods and of the establishment/s where the services are being rendered;
4. brochures or advertising materials showing the actual use of the mark on the goods being sold or services being rendered in the Philippines;
5. receipts or invoices of sale of the goods or services rendered or other similar evidence of use, showing that the goods are placed on the market or the services are available in the Philippines;
6. copies of contracts for services showing the use of the mark.

In certain circumstances, a Declaration of Non-Use may be filed instead of a Declaration of Actual Use. Non-use of a mark may be excused if caused by circumstances independently of the will of its owner but in no case shall lack of funds be an excuse for non-use of a mark. Non-use of a mark may be excused in the following cases:

1. where the applicant or registrant is prohibited from using the mark in commerce because of a requirement imposed by another government agency prior to putting the goods in the market or rendering of services;
2. where a restraining order or injunction was issued by the Bureau of Legal Affairs, the courts, or quasi-judicial bodies prohibiting the use of the mark; or
3. where the mark is the subject of an opposition or cancellation case.

A trademark registration may be renewed for periods of ten (10) years after the expiration of the original ten-year term, upon payment of the prescribed fee and upon filing of a petition for renewal of registration.

The renewal must be filed within six (6) months before the expiration of the term of the trademark registration or within six (6) months after the expiration of the period, for an additional fee.

The applicant has two (2) months from the mailing date of the office action to file a Response. The deadline may be extended once for a period of two (2) months by filing a request and paying the corresponding official fee.

The applicant may file a Notice of Appeal within two (2) months from the mailing date of the Final Rejection. An Applicant-Appellant’s Brief must be filed within two (2) months from the date of filing of the Notice of Appeal.

The applicant has the option of filing a motion for reconsideration with the Director of the Bureau of Trademarks within thirty (30) days from receipt of the copy of the decision or final order. Only one (1) motion for reconsideration shall be allowed. In case the motion for reconsideration is denied, the applicant has the balance of the thirty (30)-day period within which to file an appeal.
Or the applicant can file an appeal with the Office of the Director General of the IPOPHL within thirty (30) days from receipt of the copy of the decision or final order. The Director General may grant an additional period of fifteen (15) days within which to file the appeal, upon proper motion citing meritorious reasons and the payment of fees. No further extension of the period to file the appeal shall be allowed.

The decision of the Director General of the Intellectual Property Office may be appealed to the Court of Appeals. The decision of the Court of Appeals may then be appealed to the Supreme Court of the Philippines.