Protection of Well-Known Trademarks in Philippines
The Intellectual Property Act effective January 1998 provides for the protection of well-known marks covering both similar and dissimilar goods and services. However, a mark can not be registered if it is similar or confusingly similar or constitutes a translation of a mark which is considered by the competent authority to be well known internationally and in the country whether registered or unregistered in the Philippines.
In order to determine wellknownness of a mark, the provisions state (a) the trademark is used internationally and supported by proof of sale in an international scale, advertisements, etc. (b) the mark is duly registered in the industrial property office of another country or countries, (c) the mark has been long established and obtained goodwill and general international consumer recognition, and (d) the trademark actually belongs to a party claiming ownership and has the right to registration under the provision of the Paris Convention. However, since there is no known single source or record or registry which lists down all decisions of the competent authority in the Philippines involving well-known marks,this adds to the burden of the trademark owners in proving the well-knownness of the marks in Philippine courts. Therefore, a review of the Act is being undertaken by the concerned authority in the Philippines in this respect.
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