Designed for professionals responsible for trademark applications, registration, and enforcement in the Philippines, this guide systematically outlines the full scope of trademark practice in this English-speaking market of over 100 million people. Centered on the Intellectual Property Code of 1997 (Republic Act No. 8293), it covers IPOPHL (Philippine Intellectual Property Office) procedures, government fees, designations via the Madrid System (Philippines joined in 2012), the Philippines’ unique Declaration of Actual Use (DAU) system,and measures against counterfeit goods. A patent attorney explains the information essential for brand protection in this market of over 100 million people where English is an official language.
Key Points of This Article
PHILIPPINES TRADEMARK
A comprehensive guide to the trademark system and practices in the Philippines, the 6th-largest economy in ASEAN, written by a patent attorney. It systematically explains everything from IPOPHL applications to the DAU system and countermeasures against counterfeit goods across 12 sections.
Philippine trademark practice is a statutory system centered on RA 8293 (the Intellectual Property Act of 1997), with IPOPHL rules, circulars, and examination guidelines governing applications, examinations, and disputes. It features a common law structure similar to U.S. law, and the “Declaration of Use (DAU)” system is a unique feature not found in other ASEAN countries.
Four Key Points to Keep in Mind Regarding Philippine Trademark Practice
The "primary law" of the Philippine trademark system is Republic Act No. 8293 (IP Code of the Philippines, 1997), which evolved into the current system following amendments in 2008 and 2013.The trademark provisions are set forth in Section 121 and subsequent sections. The core provisions cover the definition of trademarks, registration requirements, application procedures, oppositions, cancellations, and criminal penalties. Procedural operations are specified in IPOPHL regulations and Memorandum Circulars.
The Intellectual Property Office of the Philippines (IPOPHL) is responsible for functions such as trademark examination, registration, and dispute resolution. Its headquarters are located in Bonifacio Global City (BGC), Taguig, Makati City. It has a unique structure in which the Bureau of Trademarks (BTM) handles examinations, while the Bureau of Legal Affairs (BLA) handles opposition, cancellation, and infringement cases.
| Agencies | Jurisdiction and Characteristics | Legal Basis |
|---|---|---|
| IPOPHL Bureau of Legal Affairs (BLA) | Quasi-judicial proceedings for trademark opposition, cancellation, and infringement administrative cases | IP Code §10 |
| IPOPHL Director General | Appeals against BLA Decisions | IP Code §7 |
| Special Commercial Courts | Exclusive Jurisdiction over Civil and Criminal Trademark Infringement Cases | SC Resolution AM No. 03-03-03-SC |
| Court of Appeals | Appeals from Special Commercial Court Decisions | Judicial Organization Act |
| Supreme Court | Court of Last Resort | Constitution |
In the Philippines, both individuals and corporations may file trademark applications. Foreign applicants must appoint a local representative (a lawyer or patent/trademark agent registered with IPOPHL).
POA Requirements (Simplified): Since 2017, a Power of Attorney (POA) no longer requires notarization or embassy certification (a simplified POA is acceptable). The procedure is simpler compared to countries such as Thailand.
Estimated Timeframe: In smooth cases, approximately 12–18 months from filing to registration. Procedures are relatively swift via the e-TM system.
| Item | Fee (PHP) | Conversion to Japanese Yen (for reference) |
|---|---|---|
| Application Fee (1 Class / Electronic Filing) | PHP 2,592 | Approx. 7,000 JPY |
| Additional Class (per class) | PHP 2,592 | Approx. 7,000 yen |
| Fee for filing an objection | PHP 4,930 | Approx. 13,400 yen |
| DAU (3 years) | PHP 1,920 | Approx. 5,200 yen |
| DAU (5 years) | PHP 1,920 | Approx. 5,200 yen |
| Renewal fee (1 category, within the deadline) | PHP 5,184 | Approx. 14,000 yen |
The Philippines’ most critical system: Trademark owners are required to file a “Declaration of Actual Use (DAU)” at the 3-year, 5-year, and 10-year (renewal) milestones following registration. Failure to file results in automatic cancellation, making the Philippines the country with the strictest deadline enforcement in ASEAN.
| Timing | Submission Deadline | Required Information |
|---|---|---|
| 3rd Year DAU | Within 3 years of the filing date | Evidence of trademark use (labels, packaging, advertisements, etc.) + Affidavit of Use |
| 5th Year DAU | Between 5 and 6 years from the registration date | Evidence of continuous use |
| 10th Year DAU (at renewal) | At the time of renewal application | Renewal Application + DAU |
| Valid reason for non-use | During the DAU Period | Declaration of Non-Use + Valid Reason |
Practical Note: Evidence of use must be limited to actual sales, advertising, etc., within the Philippines. Use solely within Japan is not accepted. Evidence of sales of imported goods in the Philippine market (such as receipts from local retailers or local advertisements) is important.
Interested parties may file an opposition with the IPOPHL BLA within 30 days of the trademark publication. An extension of this period may be requested.
Interested parties may file a petition for cancellation with the IPOPHL BLA. The primary grounds include non-use for five consecutive years, bad faith at the time of registration, and false declarations.
Choice of Three Forums
Trademark counterfeiting carries a prison sentence of 2 to 5 years plus a fine of PHP 50,000 to PHP 200,000. Organized infringement is subject to severe criminal penalties.
IPR Recordal registration is available at the Bureau of Customs. Importation of counterfeit goods is prohibited.
The Philippines acceded to the Madrid Protocol in July 2012, allowing Japanese companies to designate the Philippines via the Madrid System. Applications can be filed through the Japan Patent Office based on a Madrid international trademark application.
DAU Obligations Remain Unchanged Under the Madrid Protocol: Even when designating the Philippines via the Madrid Protocol, the obligation to file DAUs every 3, 5, or 10 years remains unchanged. It is necessary to continuously manage these deadlines.
Since English is an official language in the Philippines, all specifications, notifications, and judgments can be handled in English. This significantly reduces the procedural burden compared to other ASEAN countries (such as Vietnam, Thailand, and Indonesia).
The most common mistake Japanese companies make in managing their Philippine trademarks is overlooking DAU deadlines. Filing three times over a 10-year period (at 3, 5, and 10 years) requires the use of a dedicated calendar management system.
Counterfeit goods circulating in markets such as Greenhills in Manila and on online e-commerce platforms (Lazada, Shopee) pose a significant challenge. Comprehensive measures are essential, including collaboration between IPOPHL, the NBI, and Customs, as well as utilizing reporting channels for e-commerce operators.
The Philippine trademark system is characterized by a U.S.-style common law structure centered on RA 8293 (IP Code) and mandatory renewal (DAU) requirements every 3, 5, and 10 years. For Japanese companies to successfully establish their brands in the Philippine market, prioritizing DAU deadline management and utilizing efficient procedural operations that leverage the advantage of English as the official language are key. Please also see our Madrid Protocol international trademark application and trademark registration services.
EVORIX Intellectual Property Law Firm provides comprehensive support for trademark applications and enforcement in major ASEAN countries, including the Philippines. From strategic planning for direct filings and Madrid Protocol applications to DAU deadline management and counterfeit prevention, our experienced patent attorneys—working in collaboration with local agents—are here to assist you.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local agents.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Office
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).