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Well-Known Mark Assessment

Interactive Guide based on IPOPHL Memorandum Circular No. 2025-009

Select Application Track Are you applying for a new declaration or recording a mark previously declared well-known by a competent authority?

1. Mandatory Criteria (Rule 5)

Critical: The regulations state that the determination must include criteria (a) through (d). You must be able to provide evidence for these.

Duration & Extent of Use (Rule 5a) Can you prove extensive use, advertising, and promotion in the Philippines?
Examples of Required Evidence:
  • Actual labels, packaging, or photos of products in stores.
  • Receipts/invoices showing sales volume over several years.
  • Advertising contracts, brochures from trade fairs/exhibitions.
  • Photos of signages, billboards, or social media analytics.
Market Share (Rule 5b) Do you have data on the market share in the Philippines and other countries?
Examples of Required Evidence:
  • Audited financial statements or annual reports.
  • Independent industry rankings (e.g., Nielsen, Euromonitor).
  • Comparative sales analysis vs. competitors.
Degree of Distinction (Rule 5c) Is the mark inherently distinctive or has it acquired strong secondary meaning?
Examples of Required Evidence:
  • Consumer surveys showing high brand recognition.
  • History of the brand creation and long-term consistent use.
  • Proof that the public associates the mark only with you.
Reputation & Quality (Rule 5d) Has the mark acquired a reputation for quality in the relevant sector?
Examples of Required Evidence:
  • Industry awards or ISO certifications.
  • Positive media coverage (unsolicited articles).
  • Top taxpayer certifications or trade body memberships.

2. Procedural Checks

Additional Strength Factors
Evidence may include: Worldwide registration certificates, court decisions from other countries, brand valuation reports.
Pending Cases (Rule 4m) Are there any pending cases with any tribunal/agency where the "well-known" status is currently an issue?
Number of Classes How many Nice Classification classes will be covered?
Application Fee (Initial Filing)₱ 50,000.00
Subsequent Classes Fee₱ 0.00
Certificate Issuance Fee₱ 5,000.00
Total Government Fees₱ 55,000.00
⚠️ IMPORTANT NOTE
The amounts above are IPOPHL Government Fees ONLY.
They DO NOT include our Firm's Professional Service Charges or Legal Fees.

Recordation (Rule 19)

Requirements Check
Number of Classes to Record
Recordation Fee (Per Class)₱ 5,000.00
Total Government Fees₱ 5,000.00
⚠️ IMPORTANT NOTE
The amounts above are IPOPHL Government Fees ONLY.
They DO NOT include our Firm's Professional Service Charges or Legal Fees.

Assessment Result

CAVEAT & DISCLAIMER

This tool is designed for preliminary self-assessment purposes only and does not constitute legal advice. The assessment provided here is an automated estimate based on IPOPHL Memorandum Circular No. 2025-009.

1. The IPOPHL Examiner and Director of Trademarks have full discretion to accept or refuse evidence. A "Strong Candidate" result here does not guarantee registration.
2. The fees displayed are strictly government filing fees. Engaging our law firm will incur separate professional fees for document preparation, strategy, and representation.

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