Wazzup Pilipinas!?
The Intellectual Property Office of the Philippines (IPOPHL) marked a significant milestone in the country's intellectual property (IP) landscape on April 28, 2025, with the official launch of the Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks. This landmark initiative, celebrated during National Intellectual Property Month, aims to enhance protection for trademarks that have gained extensive recognition in the Philippines.
A New Era for Trademark Protection
"This Register will ensure the creation of a safer environment for IP owners, enhance enforcement of IP rights, and protect consumers from fraudulent activities," declared Deputy Director General Nathaniel S. Arevalo during his introduction of the project. The Register represents the culmination of efforts that began in 2024, including policy dialogues with the International Trademark Association (INTA) and public consultations with stakeholders.
The establishment of this official registry aligns the Philippines with international standards, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which mandates member nations to safeguard well-known marks against the use of identical or similar signs that may cause confusion or dilute their reputation.
What Makes a Mark "Well-Known"?
According to the new regulations, well-known marks are those with widespread recognition within relevant sectors of the public. Before receiving this special status, marks must be declared well-known by a competent authority—either the IPOPHL Director General, the Bureau of Legal Affairs, the Director of Trademarks, or any court with competent jurisdiction.
Previously, IPOPHL had maintained an internal catalog of well-known trademarks used in examination processes and trademark disputes. Examples of marks declared well-known include Facebook, Apple, Harvard University, and Harry Potter.
The newly launched rules expand the authority to declare a mark well-known to include the Director of Trademarks in an ex-parte proceeding—a significant departure from the previous requirement that such declarations could only be made during adversarial proceedings like opposition cases or infringement actions.
Enhanced Protection and Procedures
Once a mark is declared well-known and entered into the Register, it receives substantial legal protection, including the exclusive right to prevent others from using identical or confusingly similar marks on related goods or services. For registered marks recognized as well-known, this protection extends even to dissimilar goods or services if such use would suggest a connection to the owner of the registered mark and potentially cause damage.
Director General Brigitte M. da Costa-Villaluz emphasized in her opening remarks, "Well-known marks are not only mere symbols for products or services but also pillars that represent quality, integrity, and consumer loyalty."
The declaration of well-known status lasts for ten years from the date of declaration and is renewable for ten-year periods, subject to the submission of required Declarations of Actual Use.
Application Process and Oversight
The application process for recognition of well-known status follows similar requirements to regular trademark applications but with key differences:
Applications must be notarized
Evidence must be submitted showing compliance with criteria laid out in Rule 5 of the Regulations
Applications are filed electronically through a designated email
Instead of the traditional opposition process, the regulations introduce a third-party observation mechanism to contest declarations of well-known status. A special consultative committee composed of an Intellectual Property Rights Specialist, the Assistant Director of the Bureau of Trademarks, and an Adjudication Officer from the Bureau of Legal Affairs will evaluate these observations.
Leadership and Vision
The event featured prominent figures from IPOPHL
Director General da Costa-Villaluz, drawing from her experience as an IP lawyer in the private sector, emphasized that the Register reflects "IPOPHL's resolve to create an environment where creativity, enterprise, and innovation can thrive, with IP protection at the heart of it."
Looking Forward
The launch of the Register of Well-Known Marks represents a pivotal advancement in the Philippines' intellectual property framework. By providing stronger protection for established brands, the initiative aims to foster innovation, enhance consumer confidence, and strengthen the country's position in the global intellectual property landscape.
As the Philippines continues to refine its trademark system and streamline administrative procedures, this new Register promises to secure the growth and development of locally-owned brands, making them more competitive both domestically and globally.
The event concluded with a ceremonial filing, followed by an open forum and press conference led by key IPOPHL officials, reinforcing the organization's commitment to transparency and stakeholder engagement in this significant milestone for Philippine intellectual property protection.
Ross is known as the Pambansang Blogger ng Pilipinas - An Information and Communication Technology (ICT) Professional by profession and a Social Media Evangelist by heart.
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