A well-known mark is 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.

Key factors which include the duration and geographical extent of the mark’s use and promotion, its market share, the degree of its distinctiveness, and the commercial value attributed to the mark, among others.

The complete criteria for determining whether a mark is well-known are mandated under Rule 5 of the IPOPHL Memorandum Circular No. 2025-009 (Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks)

A well-known mark enjoys enhanced protection under the law, preventing the use of identical or similar marks on related goods or services. The mark is included in the Register of Well-Known Marks, which can be used in subsequent trademark proceedings.

To apply for the declaration of a well-known mark, you must file a notarized application with the IPOPHL that includes details like the name and address of the applicant, a drawing or representation of the mark, the goods or services it covers, proof of well-known status, and other required documents.

Interested parties may refer to Rule 4 of the Rules for application guidelines and complete set of requirements.

The cost for an application for the declaration of well-known marks in the Philippines is Php50,000.00 for the initial filing fee. If the mark covers additional classes, each subsequent class incurs a fee of Php10,000.00. A mandatory Php5,000.00 fee for the issuance of the certificate also applies. Other related fees may apply depending on the situation, such as a Php5,000.00 fee for the recordation of a previous declaration of a well-known mark per class, or a Php1,500.00 fee for an extension of time to file a response.

Protection for a well-known mark lasts for ten (10) years and can be renewed for additional ten-year periods, provided continuous use and proof of well-known status are submitted.

Yes, third parties may file a notice of third-party observation or opposition with the Director of the Bureau of Trademarks within one (1) month from the publication of the application in the E-Gazette. The interested party must submit supporting documents and pay the prescribed fees.

If an application is abandoned due to a failure to respond to office actions, you may revive the application within three (3) months from the mailing date of the notice, provided you present valid reasons for the delay and pay the required fee.

Yes, a well-known mark can be revoked if the required proof of continuous use and well-known status is not submitted within the prescribed time frame or if a petition for revocation is filed and granted

You can appeal the decision of the Director of Trademarks to the Director General in accordance with the Uniform Rules on Appeal.