Businesses generally thrive or perish depending on their reputation among customers.1 Hence, trademark protection is vital for businesses to safeguard their brand identities. At times, however, the proliferation of businesses creates a high risk of trademark infringement. In the Philippines, the Intellectual Property Code (IP Code)2 provides the guidelines for trademark protection and defines their limitations.
We’ve compiled key strategies to help you avoid trademark infringement in the Philippines—read on to get started.
Trademark Infringement in Businesses
The Philippines remains among the fastest-growing economies in Southeast Asia in 2025, as projected by the Association of Southeast Asian Nations Plus 3 Macroeconomic Research Office (AMRO).3 It follows then that businesses will stay competitive, but it will also carry some risks, especially in the realm of brand identity. Hence, avoiding trademark infringement in businesses is more crucial than ever.
In Prosource International, Inc. v. Horphag Research Management SA, to establish trademark infringement, the following elements must be proven: (l)the trademark being infringed is registered in the IPO; (2) the trademark is reproduced, counterfeited, copied, or colorably imitated by the infringer; (3) the infringing mark is used in connection with the sale, offering for sale, or advertising of any goods, business, or services; or the infringing mark is applied to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with such goods, business, or services; (4) the use or application of the infringing mark is likely to cause confusion or mistake or to deceive purchasers or others as to the goods or services themselves or as to the source or origin of such goods or services or the identity of such business; and (5) it is without the consent of the trademark owner or the assignee thereof.4
3 Best Practices for Businesses to Avoid Trademark Infringement
To avoid the risks of trademark infringement, businesses must adopt proactive measures to protect their trademarks. Here are the best practices you can follow:
1. Conduct a thorough search.
Conducting a thorough trademark search is crucial for businesses to ensure their brand elements—such as names, logos, and colors—are unique and do not infringe on registered trademarks.
Note that a mark that consists of immoral, deceptive matter, those consisting of the insignia of the Philippines, or confusingly similar to a mark that is already registered concerning goods or services are among marks that cannot be registered.5
2. Register the trademark with the Intellectual Property Office of the Philippines (IPOPHL).
Secure trademark rights by registration to further enforce the protection of your brand. Upon registration, you may exercise the rights conferred under Section 147 of the IP Code. Follow the steps in this article to register your trademark.
3. Implement regular trademark monitoring.
By actively monitoring new trademark filings, online platforms, and marketplaces, businesses can quickly identify and respond to potential infringers, especially when working with partners or collaborators. Regular monitoring also allows businesses to detect and address any misuse of their trademarks before it escalates to legal disputes. This proactive approach strengthens brand security and helps maintain the exclusive rights associated with a trademark.
Conclusion
Avoiding trademark infringement is essential for any business to thrive in a competitive market and build a distinctive brand. By following the best practices, businesses can better protect their intellectual property and reduce legal risks. Taking proactive steps to secure and defend your trademarks will not only safeguard your brand’s integrity but also support customer trust.
To know more about trademark infringement in businesses, book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com.
1 Seneca Pharmaceutical v. Natrapharm, Inc., G.R. No. 211850, September 8, 2020.
2 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, §1 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
3 ASEAN+3 REGIONAL ECONOMIC OUTLOOK 2024Navigating Tomorrow. (2022). ASEAN +3 Macroeconomic Research Office. https://amro-asia.org/wp-content/uploads/2024/04/AMRO-AREO-2024-4Apr_Full-report.pdf
4 Prosource International, Inc. v. Horphag Research Management SA, G.R. No. 180073, November 25,2009.
5 Intellectual Property Code of the Philippines, §123.
