The Well-Known Marks Registry: A New Era for Trademark Protection in the Philippines

Trademark Protection, on April 28, 2025, Memorandum Circular No. 2025-009 took effect, changing the way that Philippine trademark law handles famous brands. The memorandum, officially known as the Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks, establishes a new process of declaring a trademark as well-known through an administrative process that does away with cumbersome legal battles and pages of evidence of the trademark’s fame. Iconic brands like Jollibee have immediately utilized this new system, with the aforementioned brand being the first in the Philippines to file its highly recognizable mascot and logo as well-known marks.

The Intellectual Property Office of the Philippines defines a well-known mark as “a trademark that has been declared as well-known by the competent authority, based on criteria including market presence, promotion, reputation, and the degree of distinction the mark has acquired” (https://www.ipophil.gov.ph/well-known-marks/well-known-marks-faqs/). Before the implementation of the Register of Well-Known Marks in the Philippines, a brand had to wait for someone to infringe on their trademark before proving to a court that theirs is a well-known mark in order to win the case. Now, there is an ex-parte procedure (non-adversarial) which allows trademark owners to apply directly to the Bureau of Trademarks and have their trademark be recognized as well-known, without having to go through a court case to prove it.

Besides the newfound ease of securing well-known mark status without the hassle of litigation, trademark owners would find the extra protection of being in the Register even more appealing. First, you get the benefit of prima facie evidence, where your certificate serves as immediate proof of your trademark’s fame without the need to provide tons of evidence. Second is dilution defense, which protects your trademark from being infringed upon by similar products and also unrelated ones. Lastly, your trademark is defended from infringement from the get-go as IPOPHL examiners use the Well-Known Marks Register to automatically block infringing trademark applications during examination.

If you’re considering application to the Well-Known Marks Register, you might want to check the key criteria set forth by Memorandum Circular 2002-009:

1. Duration and Extent of Use: How long has your trademark been active in the Philippines and abroad?

2. Market Share: What is your trademark’s revenue and presence in the Philippine market or in other countries?

3. Inherent or Acquired Distinction: What makes your trademark unique?

4. Reputation, Quality, and Image: What is the public’s perception of your trademark?

Brands that meet these key criteria can apply to be a well-known mark by filing a notarized application with the IPOPHL. This application should include details like the applicant’s name and address, a representation of the trademark, and evidence of its status as a trademark easily recognized by the international or local market. Once declared as well-known, the status remains valid for ten years and is renewable for another ten years.

For brands and representative law firms outside of the Philippines, getting a local agent is non-negotiable and deemed necessary both by the new process and the Intellectual Property of the Philippines Code. This is where J. Ponce Law can help you. As a highly regarded boutique IP law firm, we have the skills and resources to represent your trademark and bring it in the Well-Known Marks Register, where it can enjoy unparalleled protection from those seeking to capitalize on your trademark’s fame and potentially damage its reputation. In 2026, no other system comes close to the level of security that the Register guarantees.

To know more about J. Ponce Law, you may visit https://poncelaw.com.ph/home/about-us/ or visit our Facebook page https://www.facebook.com/JPonceIPLaw.