The Intellectual Property Office of the Philippines (IPOPHL) has released the Regulations on Well-Known Marks through Memorandum Circular No. 2025-009, which took effect on 28 April 2025.
With this issuance, trademark owners may now formally apply for the declaration of well-known status of their marks in the Philippines by filing a notarized application with the Bureau of Trademarks.
The Application
The application must include key details such as the name and contact information of the applicant and their representative, a clear representation of the mark, and the specific goods or services covered. It must also be supported by evidence demonstrating the mark’s well-known status and an affidavit disclosing whether the applicant is involved in any pending case before a government agency, tribunal, or court where the issue of well-known status is being raised.
Criteria
In summary, a trademark must meet the following mandatory criteria to be declared as well-known:
Extent and Promotion – How long the mark has been used, how widely it has been promoted, and the territories where such promotion has occurred, including advertising efforts, publicity campaigns, and trade events.
Market Presence – The proportion of market share captured by the goods or services associated with the mark, both in the Philippines and abroad.
Degree of Distinctiveness – The mark’s uniqueness, whether inherent or developed through continued use.
Reputation and Public Perception – The reputation the mark has built and how it is viewed by the public in terms of quality and recognition.
Procedure
The Examiner will assess the application and may issue an Office Action or a recommendation to the Director of the Bureau of Trademarks. The Director will then decide whether to grant or deny the well-known mark declaration. If granted, the declaration will be published for one month for possible Third-Party Observation.
Third-Party Observation
Any party who may be adversely affected by the declaration may file a Notice of Third-Party Observation, subject to payment of the required fee. A verified written observation, with supporting documents, must be filed within one month from the notice. The applicant is given one month to comment upon receipt. The Director will then issue a decision. If no observation is filed, the declaration becomes effective on the 31st day following publication.
Effect of Declaration
A declaration of well-known status serves as evidence of the mark’s reputation in the Philippines for the goods or services stated. It also results in the mark’s inclusion in the Well-Known Marks Register, which is considered by IPOPHL examiners during the examination of trademark applications.
Validity and Renewal
The declaration is valid for ten (10) years and may be renewed for successive ten-year periods. To maintain the declaration, the applicant must submit proof of continuous use within one year from the fifth anniversary and during each renewal period.
Previously Declared Well-Known Marks
IPOPHL will issue a list of marks previously declared as well-known. Trademark owners must then file a Manifestation with supporting evidence of the declaration. Failure to file the Manifestation may result in the removal of the mark from the list.
VeraLaw’s Recommendation
We recommend that trademark owners consider filing for a declaration of well-known status in the Philippines to enhance legal protection and enforcement of their brand. A well-known mark benefits from broader protection, including against similar or identical marks even for unrelated goods or services. It also strengthens the owner’s position in opposition, cancellation, and infringement cases, and ensures recognition during the examination of future trademark applications. Filing for well-known status is a strategic move to safeguard valuable brand equity and assert stronger rights in the Philippine market.