Brand protection new era

Brand protection new era | Daily Tribune

The Intellectual Property Office of the Philippines (IPOPHL) has ushered in a significant change for brand owners with the introduction of new regulations to streamline the process for declaring and registering well-known trademarks. Taking effect on 28 April 2025, Memorandum Circular (MC) No. 2025-009 creates a clear, efficient mechanism to officially recognize and protect the country’s most prestigious marks.

The Philippines’ Intellectual Property Code already prevents the registration of a mark that is confusingly similar to an internationally or locally established well-known brand. Once a mark is deemed well-known, its protection extends far beyond its registered goods or services — it can even be safeguarded from use on unrelated products if that use suggests a false connection and is likely to damage the brand owner’s interests. Crucially, this robust protection applies even if the well-known mark is not registered in the country.

The New Declaration Process and Key Criteria

Prior to the new rules, a mark’s well-known status was established through jurisprudence and declared by the courts or various IPOPHL authorities. MC No. 2025-009 introduces an ex-parte procedure for establishing this status and creating an official Register of Well-Known Marks.

This new system aims to strengthen intellectual property rights and make the trademark registration process more efficient.

To apply, a brand owner files a notarized application with IPOPHL, supported by comprehensive evidence that addresses four mandatory criteria:

1.The duration, extent, and geographical area of the mark’s use and promotion.

2. The market share held by the mark.

3.Its inherent or acquired distinctiveness.

4.The mark’s global registration and use.

The application is initially reviewed by an Examiner in an ex parte manner, meaning it does not immediately involve a third party. Upon approval, the mark is published in the E-Gazette, allowing interested third parties one month to file an observation. A consultative committee reviews the process before the Director of Trademarks issues the final decision.

Historic first registration

A declaration of well-known status is valid for 10 years and serves as prima facie evidence of the mark’s status, ensuring its inclusion in the new Register, which trademark examiners will use as a key reference. This declaration can be renewed every 10 years, provided the owner submits proof of the mark’s continued use and well-known status.

The new rules quickly bore fruit. On 10 August 2025, IPOPHL declared the Jollibee logo and the full image of Jollibee as the country’s first two registered well-known marks under the new system.

IPOPHL confirmed that this declaration was a historic moment for the nation, recognizing the strength of a prominent homegrown brand and establishing a registry system that grants enhanced protection, higher commercial value, and stronger defenses against counterfeiting.

The Jollibee Group acknowledged that this recognition was a powerful affirmation of the enduring consumer affinity for the brand and its cultural significance to the Filipino populace globally.

IPOPHL encourages both local and international enterprises to utilize this new system, affirming that the registration signals the readiness of the Philippine intellectual property system to effectively protect world-class names as they expand into global markets. The initiative establishes a clear, efficient mechanism that fosters a more confident business environment and attracts investment.

The implementation of the new IPOPHL rules on well-known marks significantly strengthens the Philippine intellectual property landscape by providing brand owners with a clear, efficient, and centralized process for obtaining robust legal protection.

This streamlined system is expected to foster increased business confidence, attract investment, and better safeguard the commercial value of both local and international brands against dilution and unfair competition.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.