Trademark Agent Representation Requirements at the Intellectual Property Office of the Philippines (IPOPHL)

(Updated to June 2025)

1. Legal Framework

Instrument	Key Provisions on Representation
Republic Act No. 8293 (Intellectual Property Code, 1997) as amended by RA 10372	§11.2–11.3 (resident agent for non-residents); §12 (Bureau of Trademarks authority); §77 (substitution of attorney/agent)
2017 Revised Implementing Rules & Regulations on Trademarks (“2017 TM-IRR”)	Rules 600–608 (representation, address for service, resident agent, revocation); Rule 700 (disciplinary jurisdiction)
Code of Professional Responsibility for Intellectual Property Practitioners (CPR-IPP, MC No. 2021-013)	Canons of conduct, sanctions
Rules on E-Filing & E-Notarization (eTMFile, MC No. 2020-013 & MC No. 2023-006)	Digital SPA, electronic signatures
Hague Apostille Convention (effective in PH on 14 May 2019)	Replaces consular legalization for powers of attorney executed abroad

2. Who May Represent an Applicant?

Self-representation Any natural or juridical person domiciled or with a real and effective industrial or commercial establishment (“REICE”) in the Philippines may prosecute its own application.
Philippine Attorneys-at-Law Members in good standing of the Integrated Bar of the Philippines (IBP) may appear in all trademark matters. No further accreditation is required, but they remain subject to the CPR-IPP and the IBP Code of Professional Responsibility.
Registered Patent/Trademark Agents (RPTA)
- Must pass the IPOPHL Intellectual Property Agent Qualifying Examination (IPAQE) or have been grandfathered under older rosters.
- Filipino citizenship (or resident alien with reciprocity), bachelor’s degree, and completion of IPOPHL-accredited training are minimum qualifications.
- Listed in the Roll of Patent/Trademark Agents, renewable every three years with proof of continuing professional development (CPD) units.
Authorized Representative (non-professional) A corporate officer or employee may sign and prosecute so long as a Special Power of Attorney (SPA) is filed; however, they are not entitled to hold out as “agent” and cannot act for others.

3. Appointment & Documentary Requirements

Document	Formalities	Timing
Special Power of Attorney (SPA)	- Signed by the applicant/owner

Notarized or consularized/Apostilled if executed abroad
May be general (all IP) or specific (identified mark) | Must be uploaded on filing or within 60 days (extendible once for 30 days) or the filing date is lost. | | Address for Service (AFS) | Physical or electronic address in the Philippines | Required at filing; changes must be recorded. | | Substitution / Revocation of Agent | Written revocation + new SPA | Takes effect upon recording; IPOPHL serves at last recorded address until change is entered. |

Practical tip: Under MC 2023-006, a secure digital signature on a PDF SPA is acceptable; a separate hard copy need not follow, though IPOPHL may require the original in contentious proceedings.

4. Resident Agent for Non-Resident Applicants

Mandatory Designation. A non-resident applicant must appoint a resident agent to receive notices and enforceable service (§11.3, RA 8293).
Scope of Authority. Limited to receiving papers unless broader powers (e.g., prosecution, assignment) are granted in the SPA.
Effect of Non-Compliance. Failure to maintain a resident agent renders all subsequent IPOPHL notices validly served by publication on the IPOPHL website and may lead to abandonment of the application.

5. Regulation & Discipline of Agents

Matter	Details
Regulatory Body	Bureau of Legal Affairs (BLA) & Office of the Director General (ODG)
Grounds for Sanction	Misrepresentation, conflict of interest, breach of confidentiality, unauthorized practice of law, fraud, repeated deadline lapses
Sanctions	Reprimand, suspension (up to 5 years), cancellation from the Roll, monetary fine (₱20 000 – ₱200 000), referral to IBP (for lawyers)
Due Process	Verified complaint → Answer → Hearing/pleadings → Decision appealable to DG → Court of Appeals under Rule 43

6. Electronic Representation & Filing

eTMFile portal accepts: new applications, renewals, declarations of actual use (DAU), recordals, oppositions.
Account-linked Authority. Each agent’s portal account is tied to his/her IBP or RPTA number; uploading a valid SPA unlocks the case in the dashboard.
One-Time Authentication. An SPA referencing “all existing and future marks” can be reused for bulk filings, but must be re-uploaded per application for audit purposes.
Hybrid Service of Process. Notices are pushed to the agent’s dashboard and emailed; the 30-day reply period is computed from the earlier of portal posting or email dispatch.

7. Fees (as of 2025 IPOPHL Schedule)

Item	Official Fee (₱, VAT-exempt)
Recording of SPA or resident agent	None (covered by filing fee)
Replacement/Revocation of Agent	300
Agent’s Accreditation Renewal (RPTA)	3 000 every 3 years
Certification of Good Standing (for court use)	200

Professional fees between client and agent are unregulated but must observe the CPR-IPP standard of “reasonable and proportionate.”

8. Comparison With Patent Practice

Feature	Trademarks	Patents
Need to pass PAQE	Optional (lawyers may act)	Mandatory unless attorney
Technical background required	No	Yes (engineering/science degree)
Resident agent rule	Same	Same
Examination scope	Likelihood of confusion, descriptiveness, public order	Novelty, inventive step, industrial applicability

9. Best-Practice Pointers for Applicants

Grant clear, itemized authority. Include power to receive refusal notices, file appeals, withdraw, or assign the mark.
Keep the AFS evergreen. A simple email change outside the portal can doom a registration if unnoticed.
Check your agent’s standing. Request the annual Certificate of Good Standing—especially before critical actions like oppositions or franchising deals.
Plan for succession. Provide in the SPA the ability to appoint a sub-agent if the primary agent ceases practice.

10. Conclusion

Representation before the Philippine IPO is deliberately flexible—open to lawyers, accredited agents, corporate officers, and resident agents—but it is also tightly regulated to protect applicants and third parties. Observing the documentary formalities (notarized or apostilled SPA, accurate address for service, timely revocations) is as important as engaging a competent practitioner. With the continued expansion of IPOPHL’s e-platforms and the professionalization of the agent roll, securing and maintaining Philippine trademark rights in 2025 is both more convenient and more exacting than ever.

This article is for general information only and not a substitute for legal advice tailored to specific circumstances.