Monday, February 4, 2013

...the local brands

Filipino Brands Seek Int’l Trademarks




By Bernie Cahiles-Magkilat
Manila Bulletin
February 3, 2013


Twenty-three Filipino brands, comprising of small but authentic homegrown concepts, have sought trademarks protection in 86 countries as they plan to expand their businesses and services abroad.

Atty. Ricardo Blancaflor, executive director of the Intellectual Property Office of the Philippines (IPOPHL), in a press conference said the 23 applications that have been filed with them under the Madrid Protocol, would ensure these local brands of trademarks protection in countries under the Madrid Protocol. At present, there are 86 countries in accession, the latest of which is the Philippines which instrument of accession was signed by President Benigno Aquino III on March 27, 2012.

The 23 brands have sought a total of 375 international designations where they target to market their products particularly in countries with huge pool of Filipino migrant workers. Ten of the applicants originate from the buzzing City of Cebu, namely: Profood International Corporation (Philippine Brand Dried Mangoes and Profood Cebu Dried Mangoes), International Pharmaceuticals, Inc. (Efficascent Oil, Omega Painkiller Liniment, Gastripac, Bioderm, and Dr. S. Wong’s Sulfur Soap), Magicmelt Foods, Inc. (Magic Melt), Arden Siarot (Arden), and Murillo’s Export International, Inc. (Murillo). The two applicants from Manila are international fashion designer Robert Tomas (Tomas) and religious group Iglesia Ni Cristo (Iglesia Ni Cristo seal). Julie’s Bakeshop, which originates from Cebu has also filed an application.

Among the designated contracting parties are Australia, Bahrain, BENELUX, China, European Union, France, Iran, Israel, Italy, Japan, Monaco, Mongolia, Norway, Oman, Poland, Russia, Singapore, South Korea, Switzerland, Turkey, United Kingdom, United States, and Vietnam.

“The beauty of the Madrid Protocol is it allows a local brand to get a trademark protection globally at a lot lower cost,” Blancaflor said.

Without the Madrid Protocol, companies who are going abroad to market their products either through franchise or other schemes have to spend an estimated P800,000 for trademark application in four countries alone. This is because a company has to send its lawyer abroad, who in turn talks to another lawyer in that foreign country to start the trademark transaction. With the Philippines’ accession of the Madrid Protocol, a company will spend only an estimated v100,000 only for every four countries that it wants designated for trademark protection.

The filing fee with the IPOPHL is only P4,000, which is the lowest among the Madrid protocol member countries, but the filer has to pay for its designated countries, which have varied rates like France has a fee of 630 francs while China is P15,000 and the US is P20,000.

Blancaflor said the first wave of Madrid filers is composed of small local enterprises because the big ones still have existing trademarks registration in foreign countries. But, he encouraged these companies like San Miguel Corp. and Jollibee among others to renew via the Madrid Protocol with the IPOPHL once their existing foreign trademarks expire.

“The Philippines was the first one in 2012 all over the world to accede to the Madrid Protocol and the first one in ASEAN next to Singapore,” he said.

“In effect all these Filipino brands can be effective elsewhere,” said Blancaflor, who is one of the world’s top 50 most influential IP person based on the latest Euromoney survey.

Blancaflor stressed the need for IP protection awareness on a company’s business. He noted that Microsoft Philippines reported to him of a five percent in sales every year which it attributed to the improving IP awareness in the country.

“We must be doing something right,” he said.

Louis Vuitton, the world’s number one brand in leatherbags, even congratulated Blancaflor for the improved enforcement in IP laws in the country. Louis Vuitton said it used to spend $10,000 a month in the Philippines to protect its brand but is now spending $500 monthly as IP protection has improved significantly. The amount is spent for the conduct of its own investigation, buy-bust operation, case build-up and raids.

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