New Application - eTMFile Instructions From IPO

DEAR VALUED CLIENT:
You may submit your trademark application online here: https://tm.ipophil.gov.ph/sp-ui-

tmefiling
● If you are uploading an image of your mark or logo, please prepare it in JPG or
PDF format.
● If your mark has special characters/symbols (e.g. characters in Hanzi, Hanggul,
Kanji etc., or mathematical symbols) please DO NOT choose "word mark.".
Instead, you should upload an image of your mark or logo.
● If making a COLOR CLAIM, please submit the sample of your mark in color and
indicate in the “description” the NAMES OF ALL THE COLORS shown in the
sample. No pantone/hex/RGB color codes need to be indicated, and applications
that only have the codes and did not indicate the color names will be issued a
Registrability Report which will delay your application.
● Please read the Trademark FAQs before sending a
query: https://www.ipophil.gov.ph/help-and-support/trademark/
● Fee matrix for trademarks found
here: https://www.ipophil.gov.ph/services/schedule-of-fees/trademark-related-
fees/
● Email: [email protected] for technical issues with the eDocFile system,
and for online payment issues please email: [email protected]
● Remember to click the "check box" for the Declaration of Small Entity in order to
get the fee discounts.
● You have these payment options: Visa/Mastercard, PayMaya, or Dragonpay.
You may fulfill your Dragonpay payment through the following
channels: ONLINE: BDO Internet Banking (Fund Transfer), Landbank Online
ATM Payment, Metrobankdirect, RCBC Online Banking, UCPB Connect OVER-
THE-COUNTER: BDO Over-the-Counter Deposit with Reference Number, BPI
Over-the-Counter Bills Payment, Landbank Bills Payment, Metrobank Cash
Payment; RCBC OTC Bills Payment,UCPB Bills Payments OVER-THE-
COUNTER NON-BANKS: 7/11 Convenience Store (optional), Bayad Center,
Cebuana Bills Payment, EC Pay, LBC, M. Lhuillier, Palawan Pawnshop, PNB
Remittance (selective), RD Pawnshop, Robinsons Dept Store, RuralNet,
Skyfreight (selective), SM Dept/ Supermarket/ Savemore Counter ATM
BANKS: Banco de Oro ATM, Security Bank ATM Bills
Payment OTHERS: GCash
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● The Statement of Account (SOA) should have been sent to your nominated email
address. Please check your spam folder before sending a request for your SOA
to [email protected] , if you have not received it.
● Please refrain from using the ® (encircled R) symbol which is reserved for
registered trademarks. If you wish to signify that you are using the subject mark
in application as a trademark to the public in your packaging or marketing
materials, you are allowed to use the TM symbol.
● You are encouraged to sign up to eCORR in order for you to receive the digital
copies of the reports and notices regarding your application ahead of the
hardcopies going through the postal system.
To set expectations, the turn-around-time for trademark prosecution is around six (6)
months to two (2) years (with our fastest annual average of 2.6 months based on
statistics in the year 2018), depending on the results of the stages of examination and
first publication for opposition. Moreover, applicants are given two months to file a
response if a proscription is raised against them, and three months if an application is
abandoned. Every application is issued at least two actions or notices in its pendency.
An application may also have to be suspended in instances that an opposition is filed
against it by a competitor, either through IPOPHL in its role as a quasi-judicial agency,
or in the courts of the Judiciary. This timeframe is comparable to other IPO agencies
worldwide, as IPOPHL aligns with the Word Intellectual Property Office (WIPO), and
has acceded to the major trademark treatises.
You may use your mark in commerce while the application is pending, as long as it is a
non-infringing mark, per Republic Act 8293 or the Intellectual Property Code of the
Philippines:
"SECTION 168. Unfair Competition, Rights, Regulation and Remedies. — 168.1. A

person who has identified in the mind of the public the goods he manufactures or deals
in, his business or services from those of others, whether or not a registered mark is
employed, has a property right in the goodwill of the said goods, business or services
so identified, which will be protected in the same manner as other property rights."
---
LEGAL REMINDERS:
● REPUBLIC ACT 8293, SECTION 124[e] Requirements of Application - The

appointment of an agent or representative, if the applicant is not domiciled in the
Philippines.
● IPOPHL MEMORANDUM CIRCULAR NO. 17-002 Series of 2017,
Amendments to IPOPHL Memorandum Circular No. 16012 (IPOPHL
REVISED FEE STRUCTURE OF 2017) "Big entity" is any natural or juridical
person whose assets are worth more than One Hundred Million Pesos (PIOOM) ;
SSC
or any natural or juridical person which do not fall under the category of a "small
entity" as defined below.
● IPOPHL MEMORANDUM CIRCULAR NO. 17-002 Series of 2017,
Amendments to IPOPHL Memorandum Circular No. 16012 (IPOPHL
REVISED FEE STRUCTURE OF 2017) Section 11 . Error or Mistake in
Payment. -All fees or excess amounts paid without fault on the part of the
IPOPHL shall be deemed as donation to the Office. If fees or excess amounts
are paid due to error on the part of the IPOPHL, the applicant or party may file
with the Financial Management and Administrative Services Bureau the request
for refund within 30 days from the date of payment of the fees or excess
amounts. If no request is filed within the aforementioned period or if the request
is found to be not meritorious, the fees and excess amounts shall inure to the
benefit of, and shall be deemed as donation to, the Office.
SSC

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DEAR VALUED CLIENT:

You may submit your trademark application online here: https://tm.ipophil.gov.ph/sp-ui-

"SECTION 168. Unfair Competition, Rights, Regulation and Remedies. — 168.1. A

● REPUBLIC ACT 8293, SECTION 124[e] Requirements of Application - The

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