How to register a trademark

trademark

All too often, a small enterprise neglects to develop a trade mark or brand name.

“What do I need a trade mark for, when  I already have my company name?” entrepreneurs ask.

A company name is often distinct from a brand name.

Marigold Manufacturing (company name) has launched and built up its Mama Sita (brand) line of products.  In the same manner, Green Gold has Pinakurat in condiment products, while 13 PM Enterprises has its Eureka brand of educational games.

What do these firms have in common?  They have brand names that have become better known than the name of their companies.

These brand names give their products a distinct identity, which the company names alone will not achieve.

Brand names have to be registered; otherwise, they may be copied or infringed upon.  This is tantamount to losing all the efforts that a company has spent to build up the brand to a robber or an infringer.

So, if you have finally designed your trademark or brand name, here are the steps to protect it from copying and other forms of  misuse.

1. Filing of application

Applications must be filed with the Bureau of Trademarks of the IP Philippines. The duty officer will conduct a formality examination to confirm if the application has the requirements needed for the grant of a filing date:

a. Implicit indication that the registration of a mark is sought;

b. Identity of the applicant;

c. Contact details of the applicant or his representative;

d. Reproduction of the mark whose registration is sought;

e. List of goods or services for which the registration is sought.

Once the filing fee is paid, an application number will be issued.

 

2. Search

The application undergoes a search process to confirm if it is similar or identical to other existing trademarks.

 

3. Examination

An examiner will assess if the trademark complies all regulations and rules. If not, the trademark application is rejected.

 

4. Publication

The approved trademark is then published in the IP Philippines Gazette to give a chance to those who might be damaged by the registration of the mark to oppose the registration.

 

5. Registration

The office shall be issue a certificate of registration to the company. The certificate will be published in the IP Philippines Gazette and entered on the official records. The certificate is valid for 10 years, after which it can be renewed.

Photo: From smallbiztrends.com