【Trademark Q&A：The Philippines】Q16. What should we do if we want to register a trademark in the Philippines?
A: Regardless of whether the trademarks are registered in your own country or not, if you wish to register the trademark overseas, consider international applications through the Madrid Protocol. Consider it the Madrid Protocol is a treaty that allows the trademark registration in various countries to proceed quickly and smoothly with only one international application for the World Intellectual Property Organization (WIPO). As of April 2019, 104 countries, including the Philippines, are members of the Madrid Protocol.
If you wish to register a trademark in the Philippines, designate the Philippines as an international application via the Madrid Protocol. Upon receiving notice from WIPO, the Intellectual Property Office of the Philippines (IPOPHL) will conduct a substantive examination of the trademark in the same way as a domestic trademark application. Then, if there is no reason for refusal, they will send a letter to WIPO stating that the trademark has been protected in the Philippines. The document giving the protection has the same effect as the registration certificate.
Another advantage of the international registration is that the renewal procedure can be performed collectively at WIPO, and there is no complicated procedure for each country.
【Trademark Q&A：Japan】Q25. What is the procedure for international registration?
A: For international registration, fill out the required form, specify the country where you want to acquire the trademark right, and apply to the World Intellectual Property Organization (WIPO) International Bureau through the Japanese Patent Office You can do.
The JPO will conduct a formal examination, and if there are no deficiencies, the JPO will send an application to the WIPO International Bureau.
After the review by the WIPO International Bureau is completed, the “International Register”, which is a record of all information related to international registration, will be recorded and “CERTIFICATE OF REGISTRATION” will be mailed.
After that, the examination in the designated country will begin. If protection is granted, it will be protected as a rights authority for 10 years from the date of the international registration. If protection is not granted, a “PROVISIONAL REFUSAL” will be sent via the WIPO International Bureau within one year (18 months depending on the country) from the date when the WIPO International Bureau sends the notification as a designated country will be sent to the applicant.
【Trademark Q&A：Japan】Q19. Is it possible to make apply by an attorney?
A: Yes. You can apply for trademark registration by yourself, but of course, you can also apply by an attorney. In addition, only lawyers and patent attorneys are eligible for acting as a proxy for trademark registration.
【Trademark Q&A：Japan】Q18. Is there any way to shorten period to complete registration?
A: There is a system of accelerated trademark examination.
This is a system in which screening is conducted earlier than usual under certain requirements.
In the case of regular examinations, the average examination waiting time is about 7 months on average.
However, if you use the accelerated examination system, the average examination waiting time will be about 1.8 months.
In addition, it will be able to significantly reduce 2.7 months comparing the average decision waiting time from the beginning of the examination to the decision.
This system is particularly effective for businesses that handle goods and services with a short life cycle.
In addition, no special fee is required. There is also another system called Fast Track Examination, which does not require application, and trademark registration applications that meet certain requirements are automatically subject to examination.