The Philippines Now Recognizes Well-Known Marks
Securing protection for well-known brands is essential in today’s global marketplace.
With counterfeiting, brand dilution, and unfair competition on the rise, businesses with strong reputations must take proactive steps to strengthen their brand rights.
The Philippines’ launch of a formal Register of Well-Known Marks marks a significant development.
It provides leading brands with a tool to reinforce their rights against unauthorised use, prevent bad faith trademark registrations by trademark trolls, and protect the value of brands that have developed their reputation over a long period.
Brands recognised as well-known in the Philippines will benefit from protection beyond their core goods or services, reinforcing their exclusivity, brand value, and enforcement capabilities.
This initiative fulfils the Philippines’ international obligations to protect well-known marks under the Paris Convention and the TRIPS Agreement.
How the Philippines Strengthens Brand Protection in Line with Global Commitment
On 28 April 2025, during National Intellectual Property Month, the Intellectual Property Office of the Philippines (IPOPHL) launched the Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks.
You can access the full regulations here: https://www.ipophil.gov.ph/well-known-marks.
Deputy Director General Nathaniel S. Arevalo introduced the Register, stating:
“This Register will ensure the creation of a safer environment for IP owners, enhance enforcement of IP rights, and protect consumers from fraudulent activities.“
The Register addresses a growing concern among global and regional brands: the rise of opportunistic trademark applications by parties seeking to profit from another’s established reputation.
Formal recognition strengthens a brand owner’s ability to oppose or cancel bad faith applications, enhancing brand enforcement and protection.
The Philippines’ obligations include:
- The Paris Convention for the Protection of Industrial Property (Article 6bis), which mandates that well-known marks must be protected even if not registered locally
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which requires protection against unauthorised use of similar marks that could cause confusion or dilute the reputation of a well-known mark
During the launch, Jollibee, the Philippines’ most iconic mascot and brand, served as the guest of honour and was the first official filer for a Declaration of a Well-Known Mark under the new system.
The Philippines’ approach is similar to China, where well-known mark recognition is achieved through administrative and judicial processes, providing strong protection even without a central public register for all recognitions.
Unlike the United States, Australia, and New Zealand, which do not maintain a formal public register of well-known marks, the Philippines now provides a dedicated and structured mechanism for recognition.
In contrast, Australia allows owners of well-known brands to register defensive trademarks, protecting their brand across a wide range of goods and services even without the intent to use the mark for every class.
This helps major brands like Qantas or Coca-Cola maintain exclusivity and defend their reputation across industries.
What the Declaration Process Involves
Brands seeking a declaration of well-known status in the Philippines must meet stringent requirements:
- Duration, extent, and geographical scope of use, including advertising, publicity, and exhibitions
- Market share associated with the mark, domestically and internationally
- Degree of distinctiveness, whether inherent or acquired
- Quality image and reputation built through long-standing brand development
The process includes:
- Ex-Parte Examination
Applications are evaluated independently by IPOPHL without an opposing party at the initial stage. - Submission and Evaluation of Evidence
Applicants must present comprehensive evidence of reputation, market reach, advertising efforts, and existing trade mark rights. - Office Actions and Responses
Where necessary, IPOPHL may request clarifications. Applicants have two months to respond, extendable by another two months upon request and payment of fees. - Third-Party Observations
Following publication, interested parties may file observations. Applicants will have an opportunity to respond before the final decision is made. - Recommendation and Decision
The examiner’s recommendation is elevated to the Director of Trademarks for final approval.
Successful declarations are published in the IPOPHL E-Gazette and recorded in the Register of Well-Known Marks.
Applications may be refused for failure to meet the required criteria or for procedural non-compliance.
Declarations may also be revoked for non-renewal, failure to prove continuous use, or loss of reputation based on substantial evidence.
Trademark Protection and Design Services for Leading Brands
At Markport®, we assist established brands, franchisors, and multinational businesses with comprehensive trademark protection and brand development strategies.
Our services include:
- Strategic advice and filing assistance for obtaining a Declaration of Well-Known Mark Status in the Philippines
- Registration of defensive trademarks in Australia to protect brands across multiple goods and services
- Comprehensive trademark registration and portfolio management
- Trademark design and brand identity development
- Enforcement strategy development against infringers and bad faith filers
- Ongoing brand advisory and protection services across the Asia-Pacific region
Formal recognition as a well-known mark, or strategic defensive registrations, can significantly strengthen your brand’s position in both domestic and international markets.
If you need assistance in filing a declaration of well-known status in the Philippines or wish to register a defensive trademark in Australia, we are ready to assist.
Contact us today:
🔗 https://markport.com.au/contact-us/