REPUBLIC ACT NO. 166
CHAPTER II—Registration of Marks and Trade-Names
Section 2. What are registrable.
Trade-marks, trade-names service-marks may be registered in accordance with
the Provisions of this Act.
Section 4. Registration of trade-marks, trade names and service marks on the principal register.
Owners of trade names, trademarks, or service marks that distinguish their
products can register their rights, unless the mark is inappropriate, misleading, or too
similar to existing marks. For example, marks and trade names with immoral content,
national symbols, or unauthorized use of a person's name are not allowed. The purpose
is to prevent confusion among customers. However, if the mark is unique and not in
violation of the rules, the owner can register it for exclusive use. This registration serves
as proof that the mark is distinct and belongs to the applicant.
Section 5. Requirements of the application.
The application for a mark or trade-name registration must be in English,
Spanish, or the national language, signed by the applicant, and include personal
information, dates of first use, associated goods, services, or business, and belief in the
rightful owner's ownership. The application must also include specimens, power of
attorney, appointment of an agent, and the required fee.
Section 7. Examination and Publication.
A registration application must be filed and paid for by the applicant. The director
examines the application and, if the applicant is eligible, publishes the mark or
trade-name in the Official Gazette. If the applicant doesn't meet requirements, the
director informs them. A three-month period is given for revisions or amendments, which
are then re-examined. If the application is unsuccessful, it's considered abandoned
unless the delay was unavoidable. Abandoned applications can be revisited within three
months and approved.
Section 11. Issuance and contents of the certificate.
Certificates of registration shall be issued in the name of the Republic of the
Philippines under the seal of the Patent Office, signed by the Director. These must
include the applicant's statement, the mark or trade-name, its first use, the goods or
services registered, the registration number, term, application date, and the requirement
for periodic affidavits of use. The certificate should be kept in books and updated
according to relevant rules and regulations.
Section 13. Disclaimers before issue.
The Director requires disclaimation of unregistrable matter, but this does not
affect the applicant's rights or registration rights if the matter becomes distinctive to the
applicant's goods, business, or services.
CHAPTER III.—Renewals of Certificate of Registration
Section 15. Renewal.
A certificate of registration can be renewed for twenty years after its expiration,
with a renewal application and fee payment. The application must include a sworn
statement, details of the mark's use, non-use period, rights granted by third parties,
additional goods or services, and any changes in display. The application must be filed
six months before the renewal period or three months after for good cause and
surcharge payment.
CHAPTER IV.—Cancellation of Registration
Section 17. Grounds for cancellation.
Individuals can cancel a mark or trade-name registration if they believe it will be
damaged or become the common descriptive name of an expired patent. Other grounds
include abandonment, fraudulent registration, misrepresentation of the source of goods
or services, or authorization by other Act provisions. The fee is payable.
● That an item or substance for which the patent has expired is commonly referred
to by its registered mark or trade name;
● The fact that it's been neglected;
● That the registration was obtained dishonestly or in violation of this Chapter II
Section IV regulations;
● That the assignee, or someone with their consent, has registered the mark or
trade name and is using it to mislead as to the origin of the goods, services, or
enterprise in connection with which it is used; or
● Other provisions of this Act permit that cancellation.