The Intellectual Property Office of the Philippines has created an official Register of Well-Known Marks.
Giving qualifying brands a formal declaration of well-known status rather than leaving the question to be argued case by case in a dispute.
Well-known marks were already protected under the Philippine Intellectual Property Code and international treaties. What is new is the administrative route: under IPOPHL Memorandum Circular No. 2025-009, an owner can apply, be assessed against published criteria, and be entered on a public register
What Does the New Register Actually Change?
Before the Register | Under the Register |
| Well-known status argued case by case in opposition or infringement proceedings | Status declared in advance by the competent authority |
| Evidence of reputation assembled reactively, often under deadline pressure | Evidence assessed once against published criteria |
| No central record for examiners or third parties to consult | Public, centralised register available to examiners, practitioners and businesses |
| Uncertain leverage in negotiations and licensing | Formal recognition that supports enforcement, licensing and brand valuation |
How Far Does Protection for a Well-Known Mark Extend?
Once a registered trademark is declared well-known, protection reaches beyond the goods and services it covers. Use by a third party on dissimilar goods or services can be blocked where that use would suggest a connection with the owner and is likely to damage the reputation or commercial interests attached to the mark.
That is the practical value of the declaration. It closes the gap that ordinary registration leaves open, and it gives the owner a stronger position against dilution, tarnishment and unfair competition.
Which Marks Qualify and What Evidence Is Needed?
No single factor decides the outcome. IPOPHL runs a comprehensive assessment on the evidence filed, so the quality of the evidence bundle matters more than any one metric.
Assessment Factor | Evidence That Supports It |
Duration and geographical extent of use | First use records, dated invoices, outlet or distributor lists by region |
Advertising and promotional activity | Media spend, campaign records, sponsorships, digital reach data |
Recognition among the relevant public | Consumer surveys, brand awareness studies, press coverage |
Market share and commercial success | Sales figures, market research reports, industry rankings |
Acquired distinctiveness | Evidence of the mark functioning as a badge of origin, not a description |
Commercial value and reputation | Brand valuations, licensing income, awards and rankings |
How Do You Apply for Well-Known Status?
- File a notarised application with IPOPHL, together with the prescribed documentary evidence.
- Include the applicant details, a clear representation of the mark, and the goods or services covered.
- Submit the supporting evidence establishing well-known status, organised against the assessment factors above.
- Add any further documents required under the Rules.
- On successful examination, the mark is entered on the Register of Well-Known Marks and receives formal recognition.
How Long Does the Declaration Last?
A declaration runs for ten years from the date it is granted and can be renewed indefinitely for further ten-year terms, provided the requirements continue to be met. IPOPHL also expects proprietors to maintain and monitor continued use of the mark, so the declaration is not a one-off filing that can then be left alone.
Which Brand Was Declared First?
In August 2025, IPOPHL declared the Jollibee logo and the full image of its mascot as the first marks entered under the new Rules. The declaration confirmed that the framework is operational, not aspirational, and gave brand owners a working precedent for the standard of evidence the Office expects.
Who Should Consider Applying?
- Brands with long-standing use, wide distribution or heavy advertising spend in the Philippines.
- Owners already facing recurring copycat filings or bad-faith applications across unrelated classes.
- Franchisors and licensors, where formal recognition strengthens royalty positions and enforcement terms.
- Holders of pre-existing well-known recognition that now needs to be recorded on the new Register.
- Groups running regional Asian portfolios, where a Philippine declaration supports a wider enforcement strategy.
