WHAT IS COPYRIGHT?

Copyright is the legal protection extended to the owner of the rights in an original work.
Original work refers to every production in the literary, scientific and artistic domain. Among the literary
and artistic works enumerated in the IP Code includes books and other writings, musical works, films,
paintings and other works, and computer programs.
Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as
well as their content, quality and purpose. Thus, it does not matter if, in the eyes of some critics, a certain
work has little artistic value. So long as it has been independently created and has a minimum of
creativity, the same enjoys copyright protection.
WHAT ARE THE WORKS COVERED BY COPYRIGHT PROTECTION UNDER THE INTELLECTUAL
PROPERTY CODE?
Section 172 of the IP Code lists the works covered by copyright protection from the moment of their
creation, namely:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

(a) Books, pamphlets, articles and other writings

(b) Periodicals and newspapers
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced
in writing or other material form
(d) Letters
(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb
shows
(f) Musical compositions, with or without words
(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of art;
models or designs for works of art
(h) Original ornamental designs or models for articles of manufacture, whether or not registrable
as an industrial design, and other works of applied art
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science
(j) Drawings or plastic works of a scientific or technical character
(k) Photographic works including works produced by a process analogous to photography; lantern
slides
(l) Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings
(m) Pictorial illustrations and advertisements
(n) Computer programs
(o) Other literary, scholarly, scientific and artistic works.

WHAT ARE THE TWO TYPES OF RIGHTS UNDER COPYRIGHT?

There are two types of rights under copyright: (1) economic rights, so-called because they enable
the creator to obtain remuneration from the exploitation of his works by third parties, and (2) moral
rights, which makes it possible for the creator to undertake measures to maintain and protect the
personal connection between himself and the work.
Economic rights include:

Reproduction

Transformation First public distribution

Rental

Public display

Public performance

Other communication to the public of the work.

o
Moral rights include:

Right of Attribution

Right of Alteration

Right of Integrity (object to any prejudicial distortion)

Right to restrain use of his name.

Exception to the moral rights

When an author contributes to a collective work, his right to have

his contribution attributed to him is deemed waived unless he expressly reserves it. A
collective work is a work which has been created by two (2) or more natural persons at the
initiative and under the direction of another with the understanding that it will be disclosed
by the latter under his own name and that contributing natural persons will not be identified.

In the absence of a contrary stipulation at the time an author

licenses or permits another to use his work, the necessary editing, arranging or adaptation
of such work, for publication, broadcast, use in a motion picture, dramatization, or
mechanical or electrical reproduction in accordance with the reasonable and customary
standards or requirements of the medium in which the work is to be used, shall not be
deemed to contravene the author's rights secured by this chapter. Nor shall complete
destruction of a work unconditionally transferred by the author be deemed to violate such
rights.
o
Resale right: In every sale or lease of an original work of painting or sculpture or of the
original manuscript of a writer or composer, subsequent to the first disposition thereof by the author,
the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale
or lease to the extent of five percent (5%). This right shall exist during the lifetime of the author and
for fifty (50) years after his death.
o

Related rights

Authors create works to disseminate them to as large an audience as possible. Obviously, they
cannot do the dissemination by themselves. They need the help of persons or entities who contribute
substantial creative, technical or organizational skill in the process of making the works available to the
public and whose interests ought to be protected to encourage them to continue with their work.
Hence, their rights are referred to as related rights or neighboring rights since they are related to or
are neighboring on the authors copyright.
Thus, we have the related rights of: (a) performers; (b) producers of sound recordings; and (c)
broadcasting organizations.
Copyright ownership

Generally, the natural person who created the literary and artistic work owns the copyright to the
same.

For work created during or in the course of employment (works for hire):
o
Employee - if the work is not part of his regular duties, even if he used the time, facilities
and materials of the employer;

Employer - if the work is the result of the performance of his regularly assigned duties,
unless there is an express or implied agreement to the contrary.
For commissioned works: the person who commissioned the work owns the work but the
copyright thereto remains with the creator, unless there is a written agreement to the contrary.
For audiovisual works: the producer, the author of the scenario, the composer of the music, the
film director, and the author of the work so adapted.

WHAT IS THE TERM OF PROTECTION OF COPYRIGHT?

In general, the term of protection of copyright for original and derivative works is the life of the
author plus fifty (50) years after his death. The Code specifies the terms of protection for the different
types of works.
In calculating the term of protection, the term of protection subsequent to the death of the author
shall run from the date of his death or of publication, but such terms shall always be deemed to begin
on the first day of January of the year following the event which gave rise to them (i.e. death,
publication, making).
WHAT ARE THE LIMITATIONS ON COPYRIGHT AND FAIR USE?

Copyright protection is not intended to give the copyright owner absolute control over all possible
exploitation of his work. The law provides for limitations (statutory fair uses) on the economic rights of
authors comprising of acts which do not constitute copyright infringement even if done without the
consent of the copyright holder, such as:
o
The recitation or performance of a work, once it has been lawfully made accessible to the
public, if done privately and free of charge or if made strictly for a charitable or religious institution or
society; (Sec. 10(1), P.D. No.49)
o
The making of quotations from a published work if they are compatible with fair use and
only to the extent justified for the purpose, including quotations from newspaper articles and
periodicals in the form of press summaries: Provided, That the source and the name of the author, if
appearing on the work, are mentioned;
o
The reproduction or communication to the public by mass media of articles on current
political, social, economic, scientific or religious topic, lectures, addresses and other works of the
same nature, which are delivered in public if such use is for information purposes and has not been
expressly reserved: Provided, That the source is clearly indicated;
o
The reproduction and communication to the public of literary, scientific or artistic works as
part of reports of current events by means of photography, cinematography or broadcasting to the
extent necessary for the purpose;
o
The inclusion of a work in a publication, broadcast, or other communication to the public,
sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is
compatible with fair use: Provided, That the source and of the name of the author, if appearing in
the work, are mentioned;
o
The recording made in schools, universities, or educational institutions of a work included
in a broadcast for the use of such schools, universities or educational institutions: Provided, That
such recording must be deleted within a reasonable period after they were first broadcast: Provided,
further, That such recording may not be made from audiovisual works which are part of the general
cinema repertoire of feature films except for brief excerpts of the work;
o
The making of ephemeral recordings by a broadcasting organization by means of its own
facilities and for use in its own broadcast;
o
The use made of a work by or under the direction or control of the Government, by the
National Library or by educational, scientific or professional institutions where such use is in the
public interest and is compatible with fair use;

The public performance or the communication to the public of a work, in a place where no
admission fee is charged in respect of such public performance or communication, by a club or
institution for charitable or educational purpose only, whose aim is not profit making, subject to such
other limitations as may be provided in the Regulations;
o
Public display of the original or a copy of the work not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or process: Provided, That
either the work has been published, or, that original or the copy displayed has been sold, given
away or otherwise transferred to another person by the author or his successor in title; and
o
Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner.

These limitations, however, should be interpreted in such a way as to allow the work to be used in
a manner which does not conflict with the normal exploitation of the work and does not unreasonably
prejudice the right holders legitimate interest.

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including
multiple copies for classroom use, scholarship, research, and similar purposes are not an infringement
of copyright. Decompilation, which is understood here to be the reproduction of the code and
translation of the forms of the computer program to achieve the inter-operability of an independently
created computer program with other programs may also constitute fair use.

In determining whether the use made of a work in any particular case is fair use, the factors to be
considered shall include:
o
The purpose and character of the use, including whether such use is of a commercial
nature or is for non-profit education purposes;
o
The nature of the copyrighted work;
o
The amount and substantiality of the portion used in relation to the copyrighted work as a
whole; and
o
The effect of the use upon the potential market for or value of the copyrighted work.
o

Aside from the provisions on the limitations on copyright and on fair use, the law allows the
following reproductions:

the private reproduction of a published work in a single copy, where the reproduction is made by
a natural person exclusively for research and private study, shall be permitted, without the
authorization of the owner of copyright in the work.

any library or archive whose activities are not for profit may, without the authorization of the
author of copyright owner, make a single copy of the work by reprographic reproduction:
1. (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original
form;
2. (b) Where the works are isolated articles contained in composite works or brief portions of other
published works and the reproduction is necessary to supply them; when this is considered
expedient, to person requesting their loan for purposes of research or study instead of lending the
volumes or booklets which contain them; and
3. (c) Where the making of such a copy is in order to preserve and, if necessary in the event that it is
lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of
another similar library or archive, a copy which has been lost, destroyed or rendered unusable and
copies are not available with the publisher.
2 the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted,
without the authorization of the author of, or other owner of copyright in, a computer program, by the
lawful owner of that computer program: Provided, That the copy or adaptation is necessary for:
1. (a) The use of the computer program in conjunction with a computer for the purpose, and to the
extent, for which the computer program has been obtained; and
2. (b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer program
in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered
unusable.

WHAT CONSTITUTES INFRINGEMENT?

Under the IP Code

o
Copyright infringement consists in infringing any right secured or protected under the
Code. It may also consist in aiding or abetting such infringement. The law also provides for the
liability of a person who at the time when copyright subsists in a work has in his possession an
article which he knows, or ought to know, to be an infringing copy of the work for the purpose of:

Selling or letting for hire, or by way of trade offering or exposing for sale or hire,
the article;

Distributing the article for the purpose of trade, or for any other purpose to an
extent that will prejudice the rights of the copyright owner in the work; or

Trade exhibit of the article in public.

WHAT ARE THE REQUIREMENTS FOR COPYRIGHT REGISTRATION?

The owner of the copyright may file an application for a certificate of registration and deposit of
copies or reproduction of the works or works personally or via registered mail with the Copyright
Division of the National Library and the Supreme Court Library. The application must contain the
following:
1.
A duly accomplished form in duplicate for each work, provided, that a separate
application is submitted for each number of a periodical containing a notice of copyright.
2.
A support document evidencing ownership of the copyright, the manner of its acquisition
if the claimant is not the original author translator, or editor, and where and in what establishment
the work was made, performed, printed, or produced, and the date of its completion and publication.
3.
Receipt showing payment of the registration fee if the application is filed personally, or by
postal money order if the application is filed by registered mail.
4.
Documentary stamps in the correct amount, which shall be affixed to the registration and
deposit certificate.
5.
Two (2) complete copies or reproduction of the work or replica or picture
6.
Two (2) printed copies with the copyright notice printed in front or at the back of the title
page or on any conspicuous space for a non-book material, if the work is a published work.
7.
If the work is in a musical work, two (2) copies of the original work, in the form of a music
sheet, in cassette, optical disk, or multimedia.
8.
A technical description of the design, if the work is an original ornamental design.
9.
Two (2) duplicate originals or certified true copies of the deed of assignment.

A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines
(IP Philippines). 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.
A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain. In
return, the patent owner must share the full description of the invention. This information is made
available to the public in the form of the Intellectual Property Official Gazette and can be utilized as basis
for future research and will in turn promote innovation and development.

Patentable inventions offer a technical solution to a problem in any field of human activity. However,
theories, mathematical methods, methods of treatment and artistic creations are Non-Patentable
inventions.

PATENTABLE INVENTIONS
A Technical Solution to a Problem
In any field of human activity
It must be NEW
It must involve an INVENTIVE STEP
It must be INDUSTRIALLY APPLICABLE
Statutory Classes of Invention
A useful machine
A product or composition
A method or process, or
An improvement of any of the foregoing
Microorganism
Non-biological & microbiological process
Non-Patentable Inventions
Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment human or animal body by surgery or therapy & diagnostic method
Plant variety or animal breed or essentially biological processes for the production of plants and
animals
Aesthetic creation
Contrary to public order or morality (Sec. 22, IP Code )
REQUIREMENT FOR PATENTABILITY
NOVELTY
INVENTIVE STEP
INDUSTRIAL APPLICABILITY
INVENTIVE STEP - An invention involves an inventive step, if having regard to prior art
it is not obvious to a person skilled in the art
OBVIOUSNESS

 Not beyond normal progress of technology

Follows plainly or logically from the prior art
Does not require any skill or ability beyond that to be expected of the person skilled in the art
SKILLED PERSON
Ordinary practitioner who is Aware of common general knowledge in specific art
Has access to everything disclosed as the state of the art
Observes developments in related technical field
Who may apply for a Patent?
Natural person
Juridical person
a body of persons, a corporation, a partnership, or other legal entity recognized by law
Requirements for Filing a Patent

1. Request for the Grant of Patent

2. Description of the Invention (Specification and Claim/s)
3. Drawings necessary for the Invention (if any)
4. Filing Fee
CONTENTS OF THE SPECIFICATION

1. Title of the Invention

2. Abstract of the Disclosure
3. Background of the Invention
4. Summary of the Invention
5. Brief Description of the Drawings
6. Detailed Description
7. Claim/s

Who prepares the Patent Application?

 Applicant or Inventor
First obtain practical ideas as to how specification and claims are drafted by perusal and study
of patents previously granted on related invention in the IPP Library or to any IP website.

Invention Patent Application Procedures

1. Application for Invention Patent

The application for a grant of Philippine Patent (for Invention) must be filed with the Bureau of
Patents (BOP) of the Intellectual Property Office (IPO) through the Receiving Section/Counter of the
Administrative, Financial and Human Resource Development Services Bureau (AFHRDSB) located at the
ground floor of the IPO Building. To obtain a filing date, the following has to be submitted:
(a) Properly filled-out Request Form for a Grant of Philippine Patent;

(b) Name, address and signature of applicant(s); for non-resident applicant, the name and address
of his/her/their resident agent; and

(c) Description of the invention and one or more claims.

NOTE: It is advised that any drawing/s necessary to understand the subject invention should be
submitted at the time of filing so that there would not be a possible change in filing date due to late
submission/filing of said drawing/s . (Rule 602 of the IRR)The other formal requirements, which are not
needed to obtain a filing date, but maybe included at the time of filing are:
(a) A filing fee (for big or small entities) which maybe paid during application filing or within one
month from the date of filing. The application shall be deemed automatically cancelled/withdrawn in case
of non-payment of such fees;
(b) Drawing(s) necessary to understand the invention;
(c) An abstract; and
(d) If the priority of an earlier filed application is being claimed, the details of the claim, i.e. filing
date, file number and country of origin.
2. Formality Examination Upon receipt of the application, the examiner checks if the application
satisfies the formal requirements needed for the grant of a filing date. The date of filing is very important
under the present first-to-file system because it serves to determine, in case of a dispute with another
applicant for the same invention, who has the right to the patent.
3. Publication
of
Unexamined
Application After
the
formality
examination, search and the classification of the field of technology to which the invention is
assigned, the application together with the results of the search (which contains a list of published patent
applications or issued patents for inventions, which are identical or equivalent to those claimed by the
application), will be published in the IPO Gazette (after the expiration of 18 months from the filing date or
priority date). After the publication of the application, any person may present observations in writing
concerning the patentability of the invention. Such observation shall be communicated to the applicant
who may comment on them.

4. Request for Substantive Examination Substantive examination is conducted upon

request. The request for substantive examination of the application must be filed within six (6) months
from the date of the publication. The application is considered withdrawn if no request is made within that
period. If the examiner finds reason to refuse the registration of the application, i.e. the application is not
new, inventive or industrially applicable, the Bureau shall notify the applicant of the reason for
refusal/rejection giving the applicant the chance to defend or amend the application.
5. Decision to Grant Patent Registration or Decision of Refusal If the examiner finds no reason for
refusal of the application, or if the notice of reason for refusal is satisfactorily complied with by
amendment or correction, the examiner issues a decision to grant the patent registration. Otherwise, the
examiner refuses the application.
6. Inspection of Records The grant of a patent together with other information shall be published in
the IPO Gazette within six (6) months. Any interested party may inspect the
complete description, claims, and drawings of the patent on file with the Office.
7. Appeal (a) Every applicant may appeal to the Director of Patents the final refusal of the
examiner to grant the patent within two (2) months from the mailing date of the final refusal. The decision
or order of the Director shall become final and executory fifteen (15) days after receipt of a copy by the
appellant unless within the same period, a motion for reconsideration is filed with the Director or an
appeal to the Director General is filed together with the payment of the required fee. (b) The decision of
the Director General may be appealed to the Court of Appeals. If the applicant is still not satisfied with the
decision of the Court of Appeals, he may appeal to the Supreme Court.

MAINTAINING YOUR PATENT

All issued invention patents are subject to maintenance fees or annual fees, which must be paid to
maintain the patent in force.
For patents filed under RA 8293(new law) the annual fee shall be paid upon the expiration of four
years from the date the application was published pursuant to section 44, and on each subsequent
anniversary of such date.
Payment of the annual fee may be made 3 months before the due date.
If the annual fee is not paid, the patent application shall 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.
For patents filed under RA 165 (old law) The first annual fee on a patent for invention shall be due
and payable on the expiration of four years from the date of issue of the patent. Annual fees of subsisting
patents shall be due and payable on the fifth and each subsequent anniversary of the date of issue until
the term of the patent expires.
If any annual fee is not paid within the prescribed time, a notice of non-payment shall be published by
the patent office in the official gazette, and the patentee shall have six months from the date of the actual
publication to pay the fee, together with the surcharge required for the delayed payments. If the patentee
does not pay the annual fee and the surcharge within six months, the letters patent lapses.
A lapsed patent may be reinstated within two years from the date on which the first unpaid annual fee
was due, upon payment of all annual fees then due, of the surcharge for reinstatement, and of all
expenses for publication in the official gazette.

WHAT IS A TRADEMARK? WHY IS IT IMPORTANT?

A trademark is a tool used that differentiates goods and services from each other. It is a very important
marketing tool that makes the public identify goods and services. A trademark can be one word, a group
of words, sign, symbol, logo, or a combination of any of these. Generally, a trademark refers to both
trademark and service mark, although a service mark is used to identify those marks used for services
only.
Trademark is a very effective tool that makes the public remember the quality of goods and services.
Once a trademark becomes known, the public will keep on patronizing the products and services.
Utilized properly, a trademark can become the most valuable business asset of an enterprise. In addition
to making goods and services distinctive, the owner of a mark may earn revenues from the use of the
mark by licensing its use by another or though franchising agreements.

HOW CAN YOU PROTECT YOUR MARK?

In the Philippines, a trademark can be protected through registration. 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 IP
Philippines. Before applying for trademark registration, it would help if you conduct a search in the
trademarks database to determine if there are identical or similar marks that would prevent the
registration of your mark. This is to prevent future conflicts with marks that are already registered or with
earlier filing dates.
The trademark protection granted by IP Philippines protects your mark only in the Philippines. If you want
your mark protected outside the country, you will need to file applications in the countries where you want
your mark registered.

What may be registered?

Your mark should be able to distinguish your goods or services from those of others. Your mark should
also meet the requirements for registrability of marks under Sec. 123.1 of the Intellectual Property Code.
Your mark will not be registered if it is:
DESCRIPTIVE
These are marks that describe the characteristics of the goods or services. Examples are DURABLE for
shoes (describes the quality), A LITER for cooking oil (quantity), and so is KITCHEN for cooking
utensils (intended purpose).

MISLEADING
Marks that are likely to deceive or have the tendency to misinform the consumers about the actual
characteristics of the goods or services like BOLPENS for pencils, COLA for alcoholic beverages,
BULAKAN for sweets not originating from or produced in Bulacan.

GENERIC and customary to trade

Generic marks are names of products they seek to identify. For instance, KAP KEYK for cupcakes,
CAFFE for coffee and MAKINAH for machines.
Marks and indications that have become common in everyday language or usage can not be registered.
They no longer distinguish the goods and services because they are used so often to refer to the goods
and services. Example of this is VCO for virgin coconut oil, DIAMOND PEEL for services involving
cosmetic procedure.
Contrary to Public Order or Morality
Marks that are against the common standard of morality. An example is PRO-TERRORISM for clothing.
CONSISTS OF NAMES, PORTRAITS OF PERSONS, MAPS, FLAGS AND OTHER POLITICAL
SYMBOLS
Marks that contain names or portraits of living individuals may be rejected unless the individual gives
written consent. For instance, no one can use the picture of Manny Pacquiao as a trademark unless he is
Mr. Pacquiao himself or he was duly authorized by Mr. Pacquiao.
SHAPE AND COLOR
Shapes must be distinctive from the usual shape of goods or containers of the goods, in order to be
considered a trademark. One classic example is the COKE BOTTLE.
Color alone is not accepted unless it is defined by a given form.
MARKS THAT MAY CAUSE CONFUSION
Your mark cannot be registered if it is identical with or similar to a registered mark or a mark with earlier
filing date for goods and services that are exactly the same or for goods and services that are related.
Consumers should not confuse your mark with the marks of others.

Identical with, or confusingly similar to WELL-KNOWN MARKS

Marks that are identical with or similar to marks that are known internationally and in the Philippines will
be refused registration.
What are the requirements to apply for registration?

1. A duly filled out trademark application form [there should be a link here]
2. Drawing of the mark
3. Payment of fees

NICE CLASSIFICATION (9th ed.)

The following are the general classifications of goods (Classes 1-34) and services (Classes 35-45).

Class 1
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry;
unprocessed artificial resins, unprocessed plastics; manures fire extinguishing compositions; tempering
and soldering preparations; chemical substances for preserving foodstuffs; tanning substances;
adhesives used in industry

Class 2
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants;
mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive
preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including
motor spirit) and illuminants; candles, wicks.

Class 5

Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food
for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants;
preparations for destroying vermin; fungicides, herbicides

Class 6
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of
metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of
metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other
classes;ores.

Class 7
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and
transmission components (except for land vehicles); agricultural implements other than hand-operated;
incubators for eggs.

Class 8
hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 9
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring,
signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for
recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs;
automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating
machines, data processing equipment and computer; fire-extinguishing apparatus

Class 10
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth;
orthopedic articles; suture materials.

Class 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply
and sanitary purposes

Class 12
Vehicles; apparatus for locomotion by land, air or water.

Class 13
Firearms; ammunition and projectiles; explosives; fireworks.

Class 14
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other
classes; jewellery, precious stones; horological and chronometric instruments

Class 15
Musical instruments

Class 16
Paper, cardboard and goods made from these materials, not included in other classes; printed matter;
bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artist's
materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching
material (except apparatus); plastic materials for packaging (not included in other classes); playing cards;
printers' type printing blocks.

Class 17
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in
other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating
materials; flexible pipes, not of metal.

Class 18
Leather and imitations of leather, and goods made of these materials and not included in other classes;
animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness
and saddlery.

Class 19
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.

Class 20
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker,
horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these
materials, or of plastics.

Class 21
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and
sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes;
steelwool; unworked or semi-worked glass (except glass use in building); glassware, porcelain and
earthenware not included in other classes.

Class 22
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes);
padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23
Yarns and threads, for textile use.

Class 24

Textiles and textile goods, not included in other classes; bed and table covers.

Class 25
Clothing, footwear, headgear.

Class 26
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flower

Class 27
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings
(non-textile).

Class 28
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for
Christmas trees

Class 29
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies,
jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

Class 30
Coffee, tea, cocoa, sugar, rice tapioca, sago, artificial coffee; flour and preparations made from cereals,
bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar,
sauces (condiments); spices; ice.

Class 31

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh
fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.

Class 32
Beers; mineral and aerated water and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and
other preparations for making beverages.

Class 33
Alcoholic beverages (except beers).

Class 34
Tobacco; smokers' articles; matches

Class 35
Advertising; business management; business administration; office functions.

Class 36
Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37
Building construction; repair; installation services.

Class 38
Telecommunications.

Class 39
Transport; packaging and storage of goods; travel arrangement.

Class 40
Treatment of materials.

Class 41
Education; providing of training; entertainment; sporting and cultural activities.

Class 42
Scientific and technological services and research and design relating thereto; industrial analysis and
research services; design and development of computer hardware and software; legal services..

Class 43
Services for providing food and drink; temporary accommodation

Class 44
Medical services, veterinary services; hygienic and beauty care for human beings or animals; agriculture;
horticulture and forestry services.

Class 45
Personal and social services rendered by others to meet the needs of individuals; security services for the
protection of property and individuals.

MAINTAINING YOUR TRADEMARK

Your trademark registration shall be in force for (10) years, and may be renewed for periods of ten (10)
years.
To maintain your trademark registration, you need to submit the following:
*Declaration of Actual Use and proof of use (e.g., labels, brochures, and other evidence that you are
using the mark) within three (3) years from the date of filing your application.
*Declaration of Actual Use and proof of use within one (1) year from the 5th anniversary of the date of
registration
of
your
mark.
Actual use of the mark in commerce is very important because if you are not using the mark in your
business, your mark will be removed from the trademarks register. To prove use of the mark, you need to
submit
the
declarations
of
use
within
the
prescribed
period.
A trademark right is a private right and the trademark owner needs to take charge of the monitoring and
enforcement of this right.

ABOUT UTILITY MODELS

A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently
inventive to meet the inventive threshold required for standard patents application. It may be any useful
machine, implement, tools, product, composition, process, improvement or part of the same, That is of
practical utility, novelty and industrial applicability. A utility model is entitled to seven (7) years of protection
from the date of filing, with no possibility of renewal. Normal 0 false false false EN-US X-NONE X-NONE
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Utility model registration is intended to accommodate local industries, small businesses or entities by
providing an industrial property right that is relatively inexpensive, quick, easy to obtain and suited to
innovations having short commercial life. Utility model registration is a useful tool in supporting the first to
market place advantage. It promotes progress of technology and encourages innovation among small to
medium businesses and the local industry.
It is inexpensive and easy to obtain, however it can't be enforced until after examination has been carried
out and the registration is certified. A utility model is examined to determine if it meets the requirements
embodied in the existing Utility Model law and its Implementing Rules and Regulations (IRR). It need not
undergo substantive examination before it is certified.
You can apply for Utility Model registration directly with the IP Philippines. An application for registration
should contain a duly accomplished request for registration as prescribed by the Bureau, specification or
description containing the following: (a). title; (b) technical field; (c). background of the Utility Model; (d)
brief description of the several views of the drawings, if any; (e) detailed description; (f) claim or claims;
(g) drawings, if any; and (h) abstract of the disclosure.

About Industrial Design

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of threedimensional features, such as the shape or surface of an article, or of two-dimensional features, such as

patterns, lines or color. 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. 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. This
helps to ensure a fair return on investment. An effective system of protection also benefits consumers and
the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and
promoting
more
aesthetically
attractive
products.
Protecting industrial designs helps economic development, by encouraging creativity in the industrial and
manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of
commercial activities and the export of national products. Industrial designs can be relatively simple and
inexpensive to develop and protect. They are reasonably accessible to small and medium-sized
enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries.