Understanding well-known marks in the Philippines

In a country where branding plays a powerful cultural role, trademarks now often become part of everyday life. Consumers quickly learn to associate a term, a logo, a color, or even product packaging with a particular level of quality or customer experience. Over time, certain marks grow beyond their original purpose of identifying goods or services and become associated with a certain level of trust, familiarity, and reputation. When this level of recognition is achieved, the law acknowledges that these brands require stronger protection to preserve both their value and to protect the public from unfair commercial practices. These are known as well-known marks — trademarks that have achieved a level of prominence and public recognition that they are formally declared as such by the proper authorities.

The protection of a well-known mark is governed by the Intellectual Property Code, relevant Supreme Court issuances, and rules issued by the Intellectual Property Office of the Philippines (IPOPHL). In 2025, the IPOPHL, through the Regulations on Well-Known Marks, formalized a system for the declaration of a well-known mark and its inclusion in a “Register of Well-Known Marks.”

This distinction carries significant advantages. For both registered and non-registered trademarks, a mark declared as well-known enjoys safeguards against the use of identical or confusingly similar marks covering related goods and services. If the mark is registered with the IPOPHL, the protection further extends to unrelated goods and services.

Yet achieving this status requires far more than simple popularity. It requires evidence. Applicants must present substantial evidence demonstrating that the mark has achieved a well-known status internationally and in the Philippines. Among the factors considered are the duration and geographical extent of the mark’s use, the scale of advertising and promotion, the degree of distinctiveness the mark has acquired, its market share, and the commercial value attributed to the brand. These criteria ensure that only marks with genuine and demonstrable reputation are granted the well-known mark designation.

Previously, a mark could only be declared well-known through an inter partes case, e.g., opposition cases, or through an IP violation case, e.g., infringement case. Now, with Regulations on Well-Known Marks, the process of declaration can be done ex parte or without any adverse party.

The process itself is straightforward. An applicant must file a notarized application with IPOPHL, accompanied by documentation supporting the mark’s claim of well-known status. Examiners review the evidence and may issue office actions requesting additional information, if necessary. This evaluation ensures that the claim of well-known status is supported by verifiable facts rather than mere assertions.

Once the application satisfies the examination requirements, it is published in the IPOPHL E-Gazette, allowing the public an opportunity to submit third-party observations within a prescribed period if they believe the mark does not meet the standards for well-known status. After reviewing the evidence, the observations, and the applicant’s responses, the Director of Trademarks issues the final decision on whether the mark should be declared well-known. This is one of the key differences that the Regulations bring. Now, it is not only the courts, the IPOPHL’s Director General, and the IPOPHL’s Bureau of Legal Affairs who can declare a mark well-known. Under the Regulations, this may also be done by the IPOPHL’s Director of Trademarks.

If approved, the declaration is published and the mark is officially entered into the Register of Well-Known Marks. The recognition is valid for 10 years from the date of declaration and may be renewed for successive 10-year periods, provided that the owner demonstrates continued use of the mark through the submission of Declarations of Actual Use, and maintains its well-known reputation.

However, a declaration may be revoked if the owner fails to renew the status, does not submit proof of continued use, or if substantial evidence shows that the mark no longer enjoys the level of recognition required under the rules. Third parties may also file petitions to challenge the continued well-known status of a mark if circumstances have changed.

In today’s global and digital marketplace, the importance of trademark protection has only grown. Counterfeit goods, imitation branding, and online marketplaces have made it easier for infringers to capitalize on the reputation of established brands. Even subtle similarities in packaging, logos, or brand names can spark the interest but mislead consumers and erode the distinctiveness that companies have worked hard to build. The well-known mark designation helps address these challenges by recognizing that certain trademarks carry powerful public associations.

Ultimately, our legal system reflects a broader goal: maintaining fairness and integrity in the marketplace. By identifying and protecting well-known trademarks, the law ensures that businesses are rewarded for building strong brands while consumers remain confident that the names and symbols they trust remain authentic.

In the end, the declaration of a well-known mark represents more than a legal status. It signals that a brand has crossed an important threshold, from simply identifying a product to becoming a symbol widely recognized by the public. When that happens, the law steps in to make sure that reputation, carefully built over time, remains protected.

This article is for general informational and educational purposes only and not offered as, and does not constitute legal advice or legal opinion.

Joan Janneth M. Estremadura is a Senior Associate of the Intellectual Property Department of Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

jmestremadura@accralaw.com

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