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Why Work With Launchpad?
Launchpad’s corporate lawyers and business advisors have decades of experience launching and sustaining Philippine businesses. We provide high-quality consultation and liaison services and will help you register your business and intellectual property quickly.
Trademark Package Details
The owner of a trademark has the exclusive right to restrict third parties from using identical or similar indications in trade that could cause legal disputes.
What do I need to register a trademark?
To successfully apply for a trademark, you will need to furnish the following:
- A request for registration
- The name and address of the applicant
- If the applicant is a juridical entity, provide the relevant law under which it was created
- If the applicant is not domiciled in the Philippines, appointment of agent or representative
- If you claim the priority of an earlier application, you must provide:
– The name of the State whose national office processed the earlier application
– The name of the filing office, if also filed in an office other than the national office
– The date on which the earlier application was filed
– The application number of the earlier application, if available - If you claim color as a distinctive feature of the mark, provide a statement to that effect. Specify the name or names of the color or colors claimed.
- If the mark is a three-dimensional, provide an explanatory statement acknowledging that feature.
- One or more reproductions of the mark, as prescribed by requirements/relevant regulations.
- A transliteration or translation of the mark or of some parts of the mark, as prescribed by requirements/relevant regulations.
- The names of the goods or services for which the registration is sought (grouped based on the Nice Classification)
- Applicant signature or the signature of an authorized representative.
What are the steps to register a trademark?
The process of trademark registration will usually take place as follows:
- Application for registration.
- Substantive examination and formal examination
- Payment of fees which depend on classification of goods and services based on Nice Classification.
- Publication for opposition (for 30 days).
- Certificate of Registration is given
- Registered Trademark is published.
How long does trademark registration last?
10 years from the date of application. Trademarks can be renewed for a period of 10 years at a time.
How long does it take to register a trademark?
There’s no definitive timeline. Successfully registering a trademark can take quite more time than you initially thought. Get in touch with our team so we can get a better sense of your trademark needs.
What is Declaration of Actual Use or DAU?
During specific periods, trademark registrations must be maintained by filing Declarations of Actual Use with proof of use. The trademark owner’s labor continues after registering the trademark.
Registration lasts ten years, but the owner must comply with the Philippine IP Code and implementing rules and regulations for maintenance.
What are the deadlines on filing of DAU?
- Within three (3) years from the filing date of the application**;
- Within one (1) year from the fifth anniversary of the registration of the mark;
- Within one (1) year from renewal of a trademark registration; and
- Within one (1) year from the fifth anniversary of each renewal.
When is the deadline for DAU?
The deadline varies. See an overview below for all possible scenarios:
- Within three 3 years from the filing date of the application
- Within 1 year from the fifth anniversary of the registration of the mark
- Within 1 year from renewal of a trademark registration
- Within 1 year from the fifth anniversary of each renewal
Copyright Package Details
The proprietor of an original work is protected by copyright. “Original work” includes all literary, scientific, and artistic works. The IP Code lists books, musical works, films, paintings, and computer programs as literary and artistic works.
What are the inclusions of copyright protection?
Artists and writers are automatically protected by copyright rules from the time they create their work. Creators of copyrighted works have the exclusive right to use or permit usage on agreed terms.
The right holder(s) of a work can approve or prohibit its reproduction in all forms, including print and sound recording, public performance and communication, broadcasting, translation into other languages, and adaptation, such as from a novel to a film script.
What kinds of works can be protected by copyright?
Works covered by copyright with the Intellectual Property Office of the Philippines (IPOPHL) are, but are not limited to the following:
- Novels
- Poems
- Plays
- Reference works
- Newspapers
- Advertisements
- Computer programs
- Databases
- Architecture
- Maps
- Technical drawings
- Films
- Musical compositions
- Choreography
- Paintings
- Drawings
- Photographs
- Sculpture
What are the requirements to apply for a copyright?
- Registration form
- Digital copy of work
What are the steps to copyright registration?
The process is fairly straightforward:
- Application for copyright registration
- Evaluation
- Payment of fees
- Issuance of Certificate of Registration and Deposit
How long does copyright protection last?
It generally lasts the lifetime of the author plus another 50 years. However, take note that different rules may apply in certain situations, such as:
- Works of joint authorship
- Works of anonymous or pseudonymous works
- Photographic works
- Works of applied art
- Audio-visual works
Patent Package Details
The government grants an inventor an exclusive right to a product or procedure that solves a new, innovative, and industrially applicable technical challenge in any sphere of human endeavor.
During the patent period, the inventor can prevent others from creating, using, or selling his invention. Patent owners can lease their inventions to others on mutually agreeable terms. Some patent owners sell their innovation rights to others, who then assume possession of the patent.
What kinds of inventions are allowed to have a patent?
The Intellectual Property Code of the Philippines has 3 conditions for a patentable invention:
- The invention is new
- It involves an inventive step
- It’s industrially applicable
What are the patent application requirements?
- Patent application form
- Specification and description of the patent:
– The Name/Title
– A brief statement of its nature and purposes
– Drawings of the invention and brief explanation of illustrations, if applicable
– Complete and detailed enabling description
– Distinct and explicit claim or claims which the applicant seeks to be protected
– The abstract of the invention
What are the steps to register a patent?
Here’s what you can expect if you want to apply for a patent registration:
- Patent Search
- Application for grant of Patent.
- Formality examination
- Prior art search.
- Payment of necessary fees
- Publication for opposition, which is 18 months from filing/priority date.
- Substantive examination.
- Issuance of Letters Patent Certificate.
- Publication of Granted Patents.
How long does patent protection last?
The term of a patent is 20 years from the filing date of the application. Beginning on the 5th year, the patent must then be maintained yearly.