Philippines launches well-known trademark recognition process

The Intellectual Property Office of the Philippines (IPOPHL) has issued Memorandum No. 2025-009, which officially launched the rules for the recognition and registration of well-known trademarks on April 28, 2025. According to the provisions of the Philippine Intellectual Property Code, if a trademark is to be recognized as a well-known trademark, it must be formally recognized by the authority. Under the existing legal framework, well-known trademarks can only obtain well-known status through litigation procedures, such as trademark oppositions, cancellations or other infringement cases. Therefore, the new well-known trademark recognition procedure will make up for the shortcomings by establishing a simplified administrative procedure.

The memorandum defines the criteria to be applied when determining whether a mark is well-known, such as:

• the duration, extent and geographic area of use of the mark;
• The market share of the goods or services to which the trademark applies in the Philippines and other countries;
• the degree of inherent or acquired distinctiveness of the mark;
• the quality, image or reputation acquired by the mark;
• The extent to which a trademark is used worldwide.
• To initiate the well-known trademark recognition process, the interested party must submit a notarized application for well-known trademark recognition and provide the required supporting information and proof of payment. The application and supporting evidence are reviewed by the Trademark Office. If the mark meets the well-known trademark criteria, IPOPHL will decide whether to recognize the mark as a well-known mark or reject the application.

Once a trademark is recognized as a well-known trademark, it will be published in the Electronic Gazette of the Intellectual Property Office of the Philippines. Any interested party who may be harmed by the recognition of a well-known trademark may submit a third-party public opinion to IPOPHL within one month after the publication. If no objection occurs, the trademark will be officially recognized as a well-known trademark on the 31st day after the publication. Otherwise, the trademark will not be officially recognized as a well-known trademark until the relevant decision is finalized.

IPOPHL will then issue a certificate of well-known trademark recognition to the applicant and enter it in the register. Once recognized as a well-known trademark, the well-known status of the trademark serves as preliminary evidence and applies to the goods and services described in the application. The recognition is valid for 10 years and can be renewed upon expiration. Proof of continuous use in commerce and proof of well-known status must be submitted 5 years from the recognition of the well-known trademark and at each renewal.

The updated well-known trademark procedure in the Philippines undoubtedly provides international and local companies with a more reasonable and efficient way to obtain well-known status for their trademarks. In the past, obtaining well-known status required lengthy litigation procedures, and this new simplified administrative procedure enables companies to protect their trademarks more quickly. This will greatly enhance the intellectual property strategic layout of market players in the Philippines.

For enterprises that experience brand protection challenges during the internationalization process, Beijing Yezhima recommends that enterprises make full use of this new legal framework to enhance the market value and legal status of trademarks. At the same time, due to the validity period and renewal requirements of well-known trademarks, enterprises need to maintain the continuous use of trademarks and reputation management to ensure that their advantages are maintained in the long term.