Ensuring Brand Protection in the Philippines
Posted on November 30th, 2008
One of the most important aspects of a business is having an identity. A Filipino entrepreneur must have a name by which he can be recalled by his customers easily. In other words, he should have a brand.
A brand consists of brand name and the trademark. It carries the quality and reputation of the product or service. It is what the customers mostly remembered; it’s the identity that encourages continuous costumer patronage that results to increased sales.
An entrepreneur works hard to build a brand. To create an image that will bring them closer to the customers and their wallet. A brand is part of “Intellectual Property Assets†which is an intangible asset. Unfortunately, this type of asset is always exposed to risk – the risk of being copied.
To protect the entrepreneur’s interest on his brand, it is important that he ensures protection of it. Failure to do so might cause his idea to be stolen and this might result diminished revenues for him, as well as a lesser competitive edge in the market.
It is actually easy to ensure protection of the intellectual property (IP), once a distinctive name, symbol or logo that reflects a positive meaning for the business, its products and services, register it at the Intellectual Property Office (IPO) of the Philippines. Forms will be given for the registration, be sure to provide the complete requirements like color, reproduction and description of the mark, fees, and the goods or services covered.
The trademark application should then be submitted to the Bureau of Trademarks (BOT) in the IPO, where it will undergo evaluation and examination. Once it is approved, meaning it has not met any opposition or claim to same name or trademark, it will be published in the IPO Gazette upon payment of the necessary fees.
The entrepreneur now has an official trademark for his business, his products and services, and he can claim against those who use it without his knowledge, or copies his ideas, because now he is protected under the Intellectual Property Rights (IPR) Law.
Business name registrations with the Department of Trade and Industry (DTI) or registrations of the company with the Securities and Exchange Commission is different from trademark registration. In order to secure trademark rights, be sure to register it with the BOT.
For more details and guidelines on the intellectual property, visit the IP Philippines’ web site at www.ipophil.gov.ph

What about trademarking in the U.S.? Does anyone know how to do that?