As previously covered, the Intellectual Property Office of the Philippines (IPOPHL) introduced the Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks through Memorandum Circular No. 2025-009, effective April 28, 2025.

The new rules establish an ex-parte application process, allowing trademark owners to apply for a declaration of well-known status independently of contentious proceedings such as infringement or unfair competition suits. The following criteria are core and mandatory in determining whether a mark is well-known:

(i) the duration, extent, and geographical scope of use and promotion of the mark;
(ii) the market share of goods or services associated with the mark in the Philippines and abroad;
(iii) the degree of distinctiveness (inherent or acquired); and
(iv) the reputation or image the mark has developed in the market.

Additional supporting factors may also be considered, including international registrations and enforcement/litigation history. Evidence from abroad must be duly notarized and apostilled.

Approved applications will be published in the IPOPHL E-Gazette for a period of 30 days, during which any party who believes they may be adversely affected by the declaration may submit a Notice of Third-Party Observation. The applicant will then be given one (1) month from receipt of the corresponding order to respond to any such observation.

Declarations are valid for ten (10) years, renewable upon proof of continued use and updated certification of well-known status. Failure to comply with maintenance requirements or loss of distinctiveness may result in revocation. Marks that have already been recognized as well-known by competent authorities, whether in the Philippines or abroad, may be recorded in the new Registry through a simplified manifestation procedure, subject to submission of supporting documentation proving continuous commercial use by April 28, 2030.

The introduction of this Register marks a significant advancement in the Philippines’ trademark protection regime. It provides brand owners with stronger tools to enforce their rights, preserve brand value, and maintain competitive advantage. Rights holders are encouraged to review their trademark portfolios and consider applying for a declaration or recording existing recognitions to take full advantage of the new system