Frequently Asked Questions

In the Philippines, a trademark can be protected through registration. Trademark registration gives the trademark owner the exclusive right to use the mark and to prevent others from using the same or similar marks on identical or related goods and services. The right to a trademark is granted to the one who first files a trademark application with the IPOPHL.

A trademark can be protected in perpetuity if regularly monitored and properly maintained. The period of protection is ten (10) years from the date of issuance and is renewable for a period of ten (10) years at a time.

A certificate of registration remains in force for 10 years provided that the registrant will timely file the required Declarations of Actual Use (DAU). There is no limit as to the number of times the registrant may request for the renewal of his registration provided the request is timely filed together with the prescribed fees.

Your mark should be able to distinguish your goods or services from those of others. Your mark will not be registered if it is descriptive, misleading, generic, contrary to public order or morality, or confusingly similar to another registered mark.

Under the Trademark Law (Section 123.1 of the Philippine IP code), a mark may not be registered if it:

a. Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

b. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof;

c. Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow;

d. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of:

i. The same goods or services, or

ii. Closely related goods or services, or

iii. If it nearly resembles such a mark as to be likely to deceive or cause confusion;

e. Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services: Provided, That in determining whether a mark is well-known, account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;

f. Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for: Provided, That use of the mark in relation to those goods or services would indicate a connection between those goods or services, and the owner of the registered mark: Provided further, That the interests of the owner of the registered mark are likely to be damaged by such use;

g. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;

h. Consists exclusively of signs that are generic for the goods or services that they seek to identify;

i. Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;

j. Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services;

k. Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;

l. Consists of color alone, unless defined by a given form; or

m. Is contrary to public order or morality.

Section 123.1 of the IP code states that a mark may not be registered if it:

1. Completed and signed Trademark Application Form with the following information:

a. Name and Address of the Applicant

b. Citizenship or country of incorporation

c. Name and address of Philippine resident agent or authorized representative (applicants not domiciled in the Philippines are required to appoint one)

d. Details of the Mark:

● Title of the Mark

● Clear image of the mark

● Claim of Colors (if any)

● Translation/Transliteration (if there are any foreign words/characters in the mark)

● Disclaimers (if any)

● Claim of Priority (if any) – country, filing date & application number; a photocopy of the Foreign Application and its English translation, if not in English

● Class/es of the Goods and/or Services (multi-class applications are allowed)

● Specification/List of Goods/Services for each Class

2. Signed Power of Attorney (if applicant is filing through a representative)

3. Sworn statement that the applicant is a small entity (if applicable)

A straightforward application (i.e., if no office action/s by the IPOPHL Examiner and/or no opposition filed against it) will normally take about 6 months to 12 months from filing up to issuance of the certificate of registration.

If there are no grounds for refusal of the mark on substantive issues, the Examiner shall, in the Notice of Allowance, require the applicant to submit a photocopy of the foreign registration within six (6) months from the mailing date of the Notice. The Examiner may waive this requirement if foreign Intellectual Property Office has an online trademark database which he can access to obtain confirmation that the foreign application has been registered.

The period to submit a copy of the foreign trademark registration may be extended for a period of one (1) year, counted from the expiry of the initial period of six (6) months. If the applicant is unable to provide the copy of the foreign registration by the end of the one (1) year extension period, the claim of priority shall be deemed waived. The application in the Philippines will thereafter be published for opposition purposes, upon payment of the required publication fees.

All active and registered marks filed under RA8293 are required to submit a Declaration of Actual Use (DAU) on each of the following deadlines:

● 3rd Year DAU – Within three (3) years from the filing date of the application (a single extension of 6 months is possible upon payment of required fee);

● 5th Year DAU – Within one (1) year from the fifth anniversary of the registration;

● Renewal DAU – Within one (1) year from date of renewal of the registration;

● Mid-Renewal DAU – Within one (1) year from the fifth anniversary of each Renewal date

Failure to file the required DAU by the deadline dates will cause the mark to be automatically removed from the Trademark Registry, with no possibility of revival.

Aside from the DAU, the registrant must file a Renewal request of the registration within 10 years from registration date. Failure to file the renewal request by the deadline will result in the cancellation of the registration. The renewal request may be made within six (6) months before the expiration of the period for which the registration was issued or renewed, or within six(6) months after such expiration , upon the payment of the prescribed surcharge.

The applicant must submit the following:

1. Notarized Declaration of Actual Use form – (IPOPHL has a prescribed DAU form) The name and address of the Philippine outlet must be indicated in the DAU form. If the goods can be purchased by Philippine based consumers from an online store, the website address may be indicated as the address of the Philippine outlet
2. Proofs of use – in the Philippines for each of the relevant class/es, which can be any one of the following:

● Photos of the product/s or package/s, clearly showing the mark as used in the Philippines;

● Actual labels of the products bearing the mark as used in the Philippines;

● Brochures or advertising materials evidencing use in the Philippines;

● Downloaded pages from the registrant’s website clearly showing that the goods or services bearing the mark are available or being rendered in the Philippines;

● For online sale, receipts of sale of the goods or services rendered or other similar evidence of use, showing that the goods are placed on the market or the services are available in the Philippines or that the transaction took place in the Philippines; or

● Copies of contracts for services showing the use of the mark.

Non-use of a mark may be excused if caused by circumstances independent of the will of its owner, but in no case shall lack of funds be an excuse for non-use of a mark.

The following are the only acceptable reasons for non-use:

● The applicant or registrant is prohibited from using the trademark because of a requirement imposed by another government agency prior to putting the goods in the market or rendering of the services;

● There is a restraining order or injunction issued by the Bureau of Legal Affairs (BLA) of the Intellectual Property Office of the Philippines (IPOPHL), courts, or quasi-judicial bodies prohibiting the use of the trademark; or

● The trademark is the subject of an opposition or cancellation case.

Evidence of non-use may be any of the following:

● A copy of the filed pending application with the regulatory government agency (e.g., Bureau of Food and Drug Administration, Fertilizer and Pesticide Authority, etc);

● Copies of documents filed with the BLA, if the trademark is under opposition or cancellation; or

● Copies of the court-issued injunctions (preliminary injunction, restraining order).

Opposition against a Trademark Application

● Any person or entity who believes that he or it would be damaged by the registration of a mark may file an opposition to an application for a mark published in the IPOPHL e-Gazette.

● Any foreign national or juridical person whether or not engaged in business in the Philippines may oppose the registration of a mark, provided that the country of which he or it is a national, or domiciled, or has a real and effective industrial establishment is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law.

● The Opposer in an opposition case proceeding shall be deemed to be in the position of plaintiff. The applicant of the mark shall be the respondent who shall be in the position of defendant in the case.

● The Verified Notice of Opposition and all supporting documents must be filed with the IPOPHL Bureau of Legal Affairs (BLA) within 30 days from the date of the publication of the trademark application in the IPOPHL “Gazette”. Upon proper motion anchored on meritorious grounds and the payment of the filing fee for opposition and other applicable fees, the Opposer may be granted an additional period of 30 days within which to file the opposition. Two additional motions for extension of 30 days each may be granted on compelling grounds and upon payment of the applicable fees; provided, that in no case will the filing of the opposition exceed one hundred twenty (120) days from the date of the aforementioned publication

● The Notice of Opposition shall be in writing and VERIFIED by the Opposer or by any person on his behalf who knows the facts. It shall specify the grounds on which it is based and include statements of the facts relied upon, together with the supporting affidavits of witnesses and originals of documents and other requirements. In case of public documents, certified copies shall be allowed in lieu of the originals, together with the translation in English, if not in the English language. The verification and certification of non-forum shopping as well as the documents showing the authority of the signatory or signatories thereto, affidavits and other supporting documents, if executed and notarized abroad, must be authenticated by the appropriate Philippine diplomatic or consular office.

● If the Verified Notice of Opposition is found to be in accordance with the rules, the IPOPHL BLA will send a NOTICE TO ANSWER to the Respondent-applicant of the opposed mark. The Respondent-applicant has 30 days from receipt of the IPOPHL Notice to Answer within which to submit the required VERIFIED ANSWER. Respondent is entitled to three (3) extensions of time of thirty (30) days each. The total period, however, must not exceed one hundred twenty (120) days from receipt of the Notice to Answer.

● The required ANSWER to the Opposition must be verified by the Respondent-applicant or any person on his behalf who knows the facts. The VERIFIED ANSWER should admit or deny the allegations of the Opposer and provide evidence to support counterarguments. All supporting documents must be original copies or, in the case of public documents, certified true copies are allowed in lieu of the originals. Documents not in the English language must be accompanied by an English translation. The verification and the document showing the authority of the signatory thereto, the affidavits and other pertinent documents, if executed and notarized abroad, must be authenticated by the appropriate Philippine diplomatic or consular office or apostilled by the appropriate authority of the member countries. The execution and notarization  of these documents must have been done before the final deadline for the filing of the Verified Answer, provided further that the authentication or apostille of the documents must be submitted before the issuance of the order of default .

● In case the Respondent-applicant fails to file the required Answer in accordance with the IPOPHL rules, or if the Answer is filed out of time, the case shall be decided on the basis of the opposition, the affidavits of the witnesses and the documentary evidence submitted by the Opposer.

● If the Respondent-applicant’s Verified Answer is found to conform to the Rules, the case shall be referred for mandatory mediation and the parties are required to pay the mediation fees. If the parties are not able to reach an amicable settlement, the mediation will be terminated.

● If the dispute is not settled by mediation, the case will proceed to  adjudication. The  Adjudication  Officer will call a preliminary conference and thereafter direct the parties to file Position Papers. After Position Papers are filed, the case is deemed submitted for decision.

● After reviewing all matters contained in the submitted documents, the Adjudication  Officer  shall render the decision on the case. Inter Partes Proceeding is essentially an administrative proceeding. Hence, the quantum of evidence required is substantial evidence. The Adjudication Officer of the BLA shall decide the case on the basis of the pleadings, the records and the evidence submitted, and if appropriate, on matters which may be taken up by judicial notice.

● The decision or order of the Adjudication Officer may be appealed to the Director of the BLA within 10 days from receipt of the order. The adverse party will be given 10 days from receipt of the order for the Director of BLA to comment on the Appeal. The Director of BLA will endeavour to decide on the Appeal within 30 days from lapse of period for the adverse party to file its Comment. 

● The decision of the Director of BLA imay be appealed to the Director General within thirty (30) days after receipt of a copy of the Decision by the parties. 

● If no appeal is filed on time, the decision or final order becomes final and executory.

Cancellation of a Trademark Registration

● Any person or entity who believes that he or it will be damaged by the registration of a mark may file a petition to cancel such registration.

● The Petitioner in a cancellation case proceeding shall be deemed to be in the position of plaintiff. The Registrant of the mark intended to be cancelled shall be the respondent in a cancellation proceeding who shall be in the position of defendant in the case.

● If the Petition to cancel a trademark is based on the ground of confusing similarity, the Petition must be filed within five (5) years from the date of registration. Otherwise, the Petition may be filed at any time if the registered mark becomes the generic name of the goods or services, or a portion thereof, for which it is registered, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of the IP Code, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used, or if the registered owner of the mark without legitimate reason fails to use the mark within the Philippines during an uninterrupted period of at least three (3) years.

● The PETITION FOR CANCELLATION shall be in writing and VERIFIED by the Petitioner or by any person on his behalf who knows the facts. It shall specify the grounds on which it is based and include statements of the facts relied upon, together with the supporting affidavits of witnesses and originals of documents and other requirements. In case of public documents, certified copies shall be allowed in lieu of the originals, together with the translation in English, if not in the English language. The verification and certification of non-forum shopping as well as the documents showing the authority of the signatory or signatories thereto, affidavits and other supporting documents, if executed and notarized abroad, must have been authenticated by the appropriate Philippine diplomatic or consular office in the said country.

● If the Verified Petition for Cancellation is found to be in accordance with the rules, the IPOPHL BLA will send a NOTICE TO ANSWER to the Respondent-registrant of the mark. The Respondent-registrant has 30 days from receipt of the IPOPHL Notice to Answer within which to submit the required VERIFIED ANSWER. Respondent is entitled to three (3) extensions of time of thirty (30) days each. The total period, however, must not exceed one hundred twenty (120) days from receipt of the Notice to Answer.

● The rules and procedures for cancellation cases are generally the same as for opposition cases.

A patent is a grant issued by the government through the Intellectual Property Office of the Philippines (IPOPHL). It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent.

The Patent Law (Section 21 of the Philippine IP code) has set three conditions for an invention to be deemed patentable: it has to be new, involves an inventive step, and is industrially
applicable.

A patentable invention may consist/relate to any of the following:

a. A product, such as a machine, a device, an article of manufacture, a composition of matter, a microorganism;
b. A process, such as a method of use, a method of manufacturing, a non-biological process, a microbiological process;
c. Computer-related inventions; and
d. An improvement of any of the foregoing.

The following are non-patenable inventions:

a. Discoveries, scientific theories, and mathematical methods, a law of nature, a scientific truth, or knowledge as such;

b. Abstract ideas or theories, fundamental concepts apart from the means or processes for carrying the concept to produce a technical effect;

c. Schemes, rules, and methods of performing mental acts and playing games;

d. Method of doing business, such as a method or system for transacting business without the technical means for carrying out the method or system;

e. Programs for computers;

f. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and compositions for use in any of these methods;

g. Plant varieties or animal breeds or essentially biological process for the production of plants and animals. This provision shall not apply to microorganisms and non-biological and microbiological processes;

h. Aesthetic creations; and

i. Anything which is contrary to public order, health, welfare, or morality, or process for cloning or modifying the germ line genetic identity of humans or animals or uses of the human embryo.

The right to a patent belongs to the inventor, his heirs or assigns. When two (2) or more persons have jointly made an invention, the right to a patent belongs to them jointly.

If two (2) or more persons have made the invention separately, and independently of each other, the right to the patent belongs to the person who first filed an application for such invention.

The person who commissions the work has the right to the patent, unless otherwise provided in the contract.

In case the employee made the invention in the course of his employment, the right to the patent belongs to:

a. the employee, if the inventive activity is not part of his regular duties even if the employee uses the time, facilities and materials of the employer;

b. the employer if the invention is the result of the performance of his regularly assigned duties, unless there is an agreement, express or implied, to the contrary.

Filing apatent application in the Philippines may be donethrough any of two (2) Routes, namely:

a. Patent Cooperation Treaty (PCT) Route

b. Direct (Non-PCT) Route

In order to keep a patent registration in active status, payment of the required annuity fees must be made annually. For direct route patent applications, the first annual fee is due and payable on the expiration of four (4) years from the date of publication in the Philippine IPO Gazette. Subsequent annual fees shall be due on each subsequent anniversary of such date

Payment of the annuity fee may be made 3 months before the due date.

Failure to timely pay the required annuity fee will cause the patent application or registration to be deemed withdrawn or the patent shall be considered as lapsed from the day following the expiration of the period within which the annual fee was due.

A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of the prescribed surcharge for delayed payment.

1 . Formality Examination

After filing the patent application, formality examination will be conducted. The examiner will issue an official action containing his findings as to whether or not formality requirements have been completed. Applicant must respond within two months from the mailing date of the Official Action. For justifiable reasons, two (2) requests for extension of time (2 months each request) may be filed. Failure to respond to the office action within the deadline (or extended deadline) will cause the application to be deemed abandoned.

2. Substantive Examination

The patent application will be examined on its merits, i.e. if it meets all the requirements for patentability, if the specification and claims are properly drafted. During this period, the examiner may allow the application or reject it based on his findings. The applicant will be given the chance to respond, amend or rebut the objection of the examiner within two months from the mailing date of the examiner’s action.

3. Allowance

The patent application will be recommended for allowance if the examiner finds no reason to refuse or if the reasons for refusal have been satisfactorily argued or overcome by amendments or corrections. Applicant will be advised to pay the second publication fee and issuance fee (for patent certificate of registration) and submit the required formalities, if any.

4. Grant of Patent

Normally, it takes about three to six years for a patent to be granted, depending on the complexity of the subject matter, the issues that are raised during substantive examination, among other reasons.

For an application filed through the PCT route, the term is twenty (20) years from the international filing date of the application.

For an application filed through the direct (non-PCT) route, the term is twenty (20) years from the filing date in the Philippines.

Under Section 71 of the Intellectual Property Code of the Philippines, the patent owner has the following exclusive rights:

● Where the subject matter of a patent is a product, the patent owner has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product;

● Where the subject matter of a patent is a process, the patent owner has the right to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained directly or indirectly from such process; and

● Patent owners shall also have the right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same.

The Patent Cooperation Treaty (PCT) is an international patent law treaty which provides a unified procedure for filing patent applications. It assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in a very large number of countries, including the Philippines.

Entry into the national phase in the Philippines must be made within thirty (30) months from the earliest priority date or international filing date (if the international application has no priority claim) of the international application. Subject to the payment of an extension fee for late entry equal to 50% of the filing fee prescribed in the IPO Philippines Fee Structure, the entry into the national phase may be extended by one (1) month.

To enter the national phase in the Philippines, the applicant must file with the IPOPHL, not later than thirty (30) months from the priority date, the following:

● Request for National Phase Entry (IPOPHL prescribed form is recommended);
● English translation of the international application if it was filed in another language or a copy of the international application in English as filed if the applicant has not yet received Form PCT/IB/308; and
● Description, including title of the invention (must be in English);
● Claims as filed (must be in English)
● Abstract;
● Amendments to the claims under PCT Art. 19, where applicable (must be in English);
● Amendments to the description, claims or drawings under PCT Art. 34, as contained in the annexes to the international preliminary examination report, where applicable (must be in English);
● Drawings, as filed, if any;
● Form PCT/IB/304 (if with right of priority).
● Power of Attorney appointing a resident agent if the applicant is not domiciled in the Philippines

The 30-month deadline for entering the national phase for a PCT application may be extended by one (1) month subject to the payment of an extension fee/late entry fee.

a. Six (6) months from the date of entry into the national phase

b. Four (4) years from the date of the international publication

The priority document of a claimed earlier application must be submitted to the IB within sixteen (16) months from the priority date. If it has not been submitted to the IB within the said time period, it must be submitted to the IPO Philippines, together with payment of fee for extension of time to submit priority document plus surcharge provided for in the IPO Philippines Fee Structure, within six (6) months from the date of entry into the national phase without need of notice. Failure of the applicant to comply shall be ground to disregard the priority claim.

The application shall be deemed withdrawn if the request for substantive examination is not made and the substantive examination fee is not paid within six (6) months from the date of entry into the national phase.

The annual fee of a patent application or patent shall be due and payable on the expiration of four (4) years from the date of the international publication, and on each subsequent anniversary of such date. Payment may be made within three (3) months before the due date. The obligation to pay the annual fees shall terminate should the application be withdrawn, refused, or cancelled.

Annual fee of a divisional patent application/registration shall be due and payable on the expiration of four (4) years from the date of the international publication of the parent application, and on each subsequent anniversary of such date. The obligation to pay the annual fees shall terminate should the application be withdrawn, refused, or cancelled.

International applications that have entered the national phase are governed by the applicable provisions of the Philippine Intellectual Property Code and its implementing rules and regulations, the applicable provisions of the Patent Cooperation Treaty, PCT Regulations, and PCT Administrative Instructions.

IPOPHL has existing Patent Prosecution Highway (PPH) program/agreement with USPTO, JPO, KIPO, and EPO. Hence, an applicant may request for accelerated examination under the PPH if the corresponding foreign applications in said countries/jurisdictions are indicated to be patentable/allowable.

An applicant may also opt to file a request for accelerated examination under the ASEAN Patent Examination Co-operation (ASPEC) Program in which Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Singapore, Thailand, and Vietnam are participating countries. ASPEC is a program for IP Offices from participating ASEAN member states (AMS) to utilize the search and examination (S&E) results from another participating AMS IP Office as reference in its own S&E work. Hence, applicants may request for accelerated examination under the ASPEC if the corresponding foreign applications in said countries are indicated to be patentable/ allowable.

Request for Substantive Examination In the case of a PCT patent application, there will be no local publication, and as such, substantive examination may be requested and paid for upon entry of the application into the National Phase or within six months from the National Phase entry.

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. To be protected under most national laws, an industrial design must be non-functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected. When an industrial design is protected, the owner – the person or entity that has registered the design – is assured an exclusive right against unauthorized copying or imitation of the design by third parties.

Industrial designs are protected for a period of five (5) years from the filing date of the application. The registration may be renewed for not more than two (2) consecutive periods of five (5) years each, upon payment of the renewal fees. A grace period of six (6) months is granted for payment of the renewal fees after the expiration of the design registration, upon payment of a surcharge.

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles, from textile designs to leisure goods.

In order to be registrable, an industrial design must be a new or original creation.

The following industrial designs shall not be registrable:

● Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;

● Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and

● Industrial designs which are contrary to public order, health, or morals.

Section 172(h) of the Intellectual Property Code provides that original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art are protected by copyright. Copyright protection is conferred at the moment of creation of the original work.

The applicant must submit the following:

● Request for Registration of an Industrial Design,

● Description and claim, and

● Drawings showing the different views of the design application

● If the priority of an earlier filed application is claimed, the details of the priority application, i.e., filing date, filing number and country of origin must be submitted

The Request Form (IPOPHL has a prescribed form) must contain the following:

● Title of the Design

● Name of Applicant (or applicants, if there are more than one)

● Address of Applicant/s

● Country of Nationality & Residence of Applicant/s

● Name of Designer (or designers, if there are more than one)

● Address of Designer/s

● Country of Nationality & Residence of Designer/s

● Priority Claim details (if applicable) – application must be filed within 6 months from earliest priority date

o Country where it was filed

o Filing date

o Application No.

If not domiciled in the Philippines, the applicant must appoint a resident agent and submit a signed Power of Attorney.

It is possible to file multiple designs under one application provided there is unity of design, i.e. the designs are all of the same subclass of the International Classification or of the same set or composition of the articles.

The Formal Drawings must show a sufficient number of views to constitute a complete disclosure of the appearance of the article. Appropriate surface shadings must be used to show character or contour of the surfaces represented. Photographs or computer-aided (CAD) drawings may be submitted in lieu of the required format of the drawings provided that these are printed on an A4 size paper as prescribed under the Rules, with figure numbers printed in black ink on the paper proximate the corresponding photographs/CAD drawings.

If claiming priority, the applicant is required to submit a Certified Copy of the Priority Application with English translation (if not in English) within 6 months from filing of the application.

1. Filing the Application

2. Formality Examination

3. Compliance with Office Action to correct formality deficiencies, if any

4. Notice of Publication in e-Gazette

5. Notice of Issuance of Certificate

6. Issuance of Certificate of Registration

Normally, registration of an industrial design may be obtained in approximately 6 to 12 months from filing date.