Preface
A trademark is a mark used to identify and distinguish the source of goods or services. Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including two-dimensional symbols (words, letters, numbers, slogans, etc.), three-dimensional marks, colors, motion marks, hologram marks, position marks, graphic marks, etc., as well as the combination of the above elements, can be applied for registration as a trademark. Trademarks are protected by law and the registrant has exclusive rights.
Trademark registration category type
Nice Classification is a widely used trademark classification system internationally, which divides goods and services into 45 different categories to facilitate the registration and management of trademarks. Specifically:
Goods categories: Classes 1 to 34, including various products such as chemicals, machinery and equipment, food, clothing, etc.
Service categories: Classes 35 to 45, covering advertising, finance, education, medical and other service items.
When applying for trademark registration, the applicant must clearly indicate the category of goods or services involved. This classification not only helps to clearly define the scope of protection of the trademark, but also ensures that the exclusive right to use the trademark is limited to the approved registered goods or services. This mechanism effectively avoids confusion and infringement of trademarks and provides legal protection for trademark holders.
How to choose trademark category
1. Check registration status of the trademark
After determining the trademark subject, the Legal Affairs Office will conduct a global trademark check to check whether the selected category has been registered by others in the Philippines or other countries to maximize the success rate of registration.
2. Determine the core category
First, clarify the type of goods or services provided by the company and select the major category that best matches the goods or services. For example, a company that mainly sells wooden furniture should register Class 20 (furniture).
3. Consider related businesses
For companies with multiple business lines or potential business expansion, other categories related to the main business should be registered to protect the brand from potential competitors.
4. Defensive registration
Select relevant defensive protection categories that are prone to preemptive registration to avoid future trademark preemptive registration by others.
What is the trademark registration process?
If you have designed a trademark, checked the trademark registration status, and selected the category in advance, then we can start the trademark registration.
In terms of application requirements, it must be submitted by a natural person or a company entity.
1. Prepare application materials
Prepare necessary documents such as the trademark name, sample, applicant's identity certificate or company's business license copy, and confirm the category of the product.
2. Submit a trademark registration application
After the lawyer reviews it, the legal affairs department will submit the application to the Intellectual Property Office of the Philippines (IPOPHL) and officially enter the registration process.
3. Formal review
About 5-7 working days after submitting the application, the Trademark Office will conduct a formal review to ensure that the application materials are complete and meet the requirements.
4. Substantive review
After passing the formal review, the substantive review will begin. This stage mainly evaluates whether the trademark meets the registration requirements, such as whether it has distinctiveness, whether it conflicts with prior rights, etc. The process generally takes about 2-4 months.
5. Publicity period
Trademarks that pass the substantive review will enter a three-month public notice period, during which the public can raise objections to the trademark. If the objection is established during the public notice period, the trademark registration may be rejected. At this time, the applicant still has the opportunity to file a rejection review and submit relevant materials to request the Trademark Office to reiterate.
6. Get the certificate
If there is no objection during the public notice period, the company can enter the final stage, and the Trademark Office will approve the trademark registration and officially "get the certificate"!
After all the above steps are completed, the trademarks of merchants and companies will be officially recorded. If other companies or stores are found to have infringed or engaged in profit-making activities on the trademark, the company can file a lawsuit against them and demand compensation.