The information is the same as if you filed a manual application – an actual representation of the mark, the applicant name and contact, the class of the products and locations it is sold in.

Prepare everything and know the process before you proceed

Also have the following additional files on-hand:

       a. Priority Claim, if one was filed in the last 6 months

       b. Priority Examination

       c. DAU, if you are filing it at the same time as the application

       d. Special Power of Attorney

Go to the ipophil.gov.ph and click on the eTM option under e-Services in the Services menu.

This will lead you to a new page. At the bottom of the page is an orange button Proceed to eTM File, which you should click on.

Online filing is done in IPOPHIL website

The First Screen: Type of Trademark, Pics, Words and Identifiers

Let’s go through each screen of the online form one by one.

The first screen asks you to choose the type of trademark you are filing. Is it just words? It is a picture? Is it both or maybe it’s 3D?

Trademarks that include pictures will ask for a picture of the trademark:

• Should be a 1MB jpeg file of 2008 x 2835 pixels
• Minimum display resolution of 800 x 600 pixels

You’ll notice a few things:

• Disclaimer
• Collective Mark
• Colors Declared (if there are pictures)
• Transliteration/Translation (if words are included)

A Disclaimer is a part of a mark for which no exclusivity is claimed apart from the composite. This includes generic or descriptive terms, customary signs or matter that doesn’t function as the trademark. [Rule 604, IRR]

A collective mark is a mark used by an association or group of people to identify origin and quality. So, say a group of Queso Puti producers decide to register a name for all Quesong Puti that came from their province. This would be a collective mark.

Colors declared and transliteration/translation is pretty straightforward. Colors declared are colors that are integral to the mark (note that the charging for this is per class as well). Translations are translations from one language to another.

The Second Screen: Class of Goods

The Second Screen asks you to identify the class of goods. (Currently, the class of goods is the NICE classification.)

There is an option to provide your own list.

If you provide your own list, the application takes longer.

It’s best to pick from the list available. Be careful what you pick – it should be wide enough to cover everything you will use the mark for but not so wide that there are unnecessary classes.

The Third Step: Similarity Report and Priority Claim

The next screen is very useful. It shows you trademarks that may be similar to your trademark.

Go through these items to see if your mark is too similar to what already exists.

Another important part of this step is the Priority Claim.

What is a priority claim?

A priority claim is a claim filed within the last 6 months in another country which has reciprocal IP rights with the Philippines. A file with the priority claim and the translation of the claim (if the priority claim is in another language) should be uploaded.

If you do have a priority claim, then it is a good idea to upload it as it moves the application date earlier and also gives you a first to file advantage. A first to file advantage can be helpful, since the right to a trademark goes to the person who filed first.

The Forth Screen: Contact Details and Information

This is a easiest part!

It’s just your name and contact information and that of your agent, as applicable.

 The Fifth Screen: Review

This step allows you to review all the other steps to correct wrong information.

It’s also where you add the following details:

1. Declaration of Small Entity.

Fees are less when the entity is a small entity, or one with less than 100M in assets.

2. Priority Examination

You can ask for examination so that the application will be given priority before all the others submitted. This is possible for specific situations only such as refiling of same applicant due to non-use or of an abandoned application that can’t be revived, among others. [Rule 605 of the Rules and Regulations of Trademarks, Service Marks, Trade Names and Marked Or Stamped Containers as amended]

3. Declaration of Actual Use

A DAU must be submitted 3 years from the application date. It’s generally useful to submit it at application if possible.

4. Special Power of Atty

Empowers your agent to act on your behalf.

The fees will be calculated as you go through the application.

On top of the published fees is a 1% Legal Research Fund.

If you pay online there are also transaction costs

The online options can be availed of but you will need to have a valid SOA or Statement of Account.

And congratulations – you’re done!

Remember though – this is just the application form.

Before your trademark is registered, there will be coordination with the IPOPHIL regarding the 2 publications needed. There may also be objections from the examiner that need to be addressed. There is coordination and back and forth that you’ll need to do.

In our experience working with the government, we always emphasize the need to follow up and communicate. Just filing the application doesn’t mean it’s approved!