Rules for ‘well-known marks’ issued

THE Intellectual Property Office of the Philippines (Ipophl) on Thursday issued guidelines on registering, protecting and adding more value to prestigious brands.

The instructions, formally known as Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks, “is set as a system of economic and social transformation,” said Ipophl Director General Brigitte da Costa-Villaluz.

A “well-known mark” is any mark declared by the competent authority to be well-known based on the criteria of rules laid down in Republic Act 8293, or the IP Code of 1997, Supreme Court issuances and Ipophl’s regulations.

Examples of internationally well-known marks are Google, Apple and Coca-Cola.

In the Philippines, Jollibee took the lead as the first brand to register as a well-known mark.

Ernesto Tanmantiong, Jollibee Foods Corp. president and CEO, said, “The designation of Jollibee as a well-known mark will affirm our flagship brand’s strength built through our team’s dedication and the support of our business partners and customers. This designation will enhance broader protection and strengthen our global expansion, backed by strong brand equity, superior tasting products and a passionate team committed to sharing the joy of Jollibee around the world.”

A well-known mark is granted a 10-year protection period effective on the date of its official registry. It is renewable every 10 years, provided the registrant is able to prove continuous use in commerce, such as receipts, actual labels, signages and well-known status proof like advertisements and certificates of registrations within one year from the fifth anniversary of the declaration and upon each renewal.

Villaluz said the registry can help protect IP against misuse and infringement.

“Counterfeiting adversely impacts both domestic and international trade revenues. All our laws, memoranda and precedent cases are meant to create an economic environment to encourage foreign investment and a fair system of economic cooperation.”

Ipophl Deputy Director General Nathaniel Arevalo added: “We are charting a new course in IP protection, enhancing commercial value, boosting consumer trust and increasing market share — thus attracting licensing opportunities and safeguarding the brand from dilution, tarnishing and unfair competition, ensuring long-term legal and commercial advantages.”

Divina Pastora Illas-Panganiban, head of IP Data and Technology Practice Group of Quisumbing Torres, noted: “We are optimistic that this approach will allow more brand owners to realize the full potential of their trademarks locally and now, globally.”