intellectual property

9 Philippine Trademark FAQs

Q: Can I file my trademark application online?

Yes, you can file your trademark application online in the eTM facility. This online application should be filed by a resident applicant or entity.

Q: Can a non-domiciled foreigner/foreign business file a Trademark application online?

Foreigners who don’t have a business or who don’t live in the Philippines cannot file through the eTM. They must have a resident agent here, primarily so that the IPOPHIL can easily serve notices and coordinate with them.

Q: What is the application date?

It is important to determine the trademark’s application date because you’ll need to submit a DAU within 3 years from the application date. The application date is the date where you paid for a complete application [Rule 500 of the IRR].

Q: What is a priority claim?

A priority claim is a trademark claimed filed with another country, that has reciprocal rights with the Philippines. If you filed a priority claim in one of these countries in the last 6 months, you can use this previous filing to claim an earlier application date.

Q: What is a priority examination?

When you apply for a trademark, you will can ask for a priority examination. A priority examination allows your application to have priority in IPOPHIL’s processing under specific situations.

Q: Why was my trademark denied?

A trademark is denied on several grounds. For instance, a trademark will be refused if it has scandalous matter or uses national symbols of the Philippines and other countries.

Q: What is the process if an Examiner refuses to register my Trademark?

If an Examiner has denied your trademark, you will be notified. You will have 2 months to respond, and can extend this another 2 months upon written request.

Q: How do I keep my rights to my trademark?

A trademark has to be used in your business so that your rights to it are maintained. Proof of this use is filed at the IPOPHIL on a set schedule through the Declaration of Actual Use (DAU) form.

Q: What do I do when I see someone using my mark/trademark infringement?

When someone is using your trademark (or something confusingly similar), you can either file a case immediately or lodge an administrative complaint at the IPOPHIL.

Atty. Francesco Britanico

March 17, 2026

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Table of Contents

1. Can I file my trademark application online?

2. Can a non-domiciled foreigner/foreign business file a Trademark application online?

3. What is the application date?

4. What is a priority claim?

5. What is a priority examination?

6. Why was my trademark denied?

7. What is the process if an Examiner refuses to register my Trademark?

8. How do I keep my rights to my trademark?

9. What do I do when I see someone using my mark/trademark infringement?

9 Philippine Trademark FAQs - Lawyers in the Philippines

9 Philippine Trademark FAQs