Trademark · Opposition and Infringement
Trademark opposition and infringement
Conflicting applications opposed and infringers acted against, protecting the value you have built in your brand.
Overview
Stopping conflicts early, and acting when they happen
Pending applications are published in the IPOPHL e-Gazette, and anyone who believes they would be damaged by a registration can file an opposition within the period the rules set. Opposing a conflicting application at that stage is usually far simpler and more certain than trying to cancel a registration later. Where a conflicting mark is already registered, cancellation may be sought on the grounds the Intellectual Property Code allows.
Where a mark is already being used against you, the Intellectual Property Code (RA 8293) provides remedies for infringement and unfair competition through administrative, civil and criminal routes. Recording your mark with the Bureau of Customs adds a border measure against counterfeit imports. We assess your position, gather evidence, and support and coordinate the action with licensed counsel where litigation is needed.
What we handle
Defending the value of your brand
From watching new filings to acting against infringers.
Trademark watching
New IPOPHL publications monitored for marks that conflict with yours.
Oppositions
Oppositions prepared with evidence and filed within the period the rules set.
Infringement response
Evidence gathering, demand letters and action against infringing use, coordinated with counsel.
Customs recordation
Marks recorded with the Bureau of Customs to help stop counterfeit goods at the border.
How it works
How enforcement works
Four stages from first alert to resolution.
Assessment
Your rights, the conflicting mark and the available evidence reviewed.
Strategy
The right route chosen, from a demand letter to an opposition or formal action.
Action
Filings prepared and evidence assembled, with counsel engaged where litigation is required.
Resolution and monitoring
Outcomes recorded and your marks watched for future conflicts.
Estimated timeline
30-60 days from the signing of the engagement
Timelines are estimates and depend on complete documents and government agency processing.
Why defend your brand with ILA
Early warning
Watching catches conflicts while they are still simple to stop.
Evidence ready
Cases built on proper proof of your rights and use.
Coordinated action
IPOPHL, customs and counsel working from one plan.
Frequently asked questions
Enforcement questions, answered
What is the difference between an opposition and a cancellation?
An opposition challenges an application after publication and before it registers. A cancellation seeks to remove a mark that is already registered. Acting early is usually simpler, which is why watching new filings matters.
Can I act against infringers if my mark is not registered?
Registration gives the strongest position, since infringement rights attach to registered marks. Unregistered owners may still have remedies, for instance under unfair competition rules or as owners of a well-known mark, but these are harder to establish. We assess your position before recommending action.
Do I need a lawyer for an infringement case?
Court actions in the Philippines must be handled by licensed lawyers. We support the matter from evidence gathering and demand letters through to coordinating with counsel, so the case is built properly from the start.
Is someone using a mark like yours?
Book a free consultation and we will assess your position and recommend the right next step.
