April 29, 2025

Can a Trademark Be Protected in More Than One Country?

Can a Trademark Be Protected in More Than One Country?Blog empty image

When you build a brand in the Philippines, it’s easy to feel like that protection automatically extends everywhere. But here’s the truth: trademarks don’t work that way. They are territorial, which means your IPOPHL registration only covers the Philippines. If you want your brand to be safe abroad, you’ll need to register it in other countries too.

Think of it this way—your trademark is like a house key. The key that works in Manila won’t open a door in New York, Singapore, or Dubai. You’ll need the right key for each country you want to enter.

Why International Protection Matters

Plenty of Filipino brands have learned the hard way that if they don’t secure their trademarks abroad, someone else will. For instance, some local fashion brands register their trademarks in China even before opening a store there. Why? Because counterfeiters move fast. If they get there first, you could end up spending years in legal battles just to get your name back.

How Do Trademarks Work Internationally?

Every country has its own trademark laws. But luckily, there are systems that make it easier to protect your mark in multiple places:

  • Madrid Protocol – the Philippines joined in 2012, and it allows you to file one international application through IPOPHL and choose the countries where you want protection.
  • European Union Trade Mark (EUTM) – one filing protects you across all EU countries.
  • ARIPO – covers several African nations.
  • Benelux Office – protects your brand across Belgium, Luxembourg, and the Netherlands.

For most Filipino businesses, the Madrid Protocol is the most practical option.

Can You Really Protect a Trademark in Many Countries?

Absolutely. Here’s how it usually works for Filipino businesses:

  1. You apply through IPOPHL, which acts as your “home base.”
  2. IPOPHL forwards your application to the World Intellectual Property Organization (WIPO) in Geneva.
  3. WIPO notifies each country you’ve listed.
  4. Each country then decides if your trademark can be protected under their laws.

If no one objects within 12–18 months, you’re in.

Example: Jollibee has done this successfully to protect its bee logo in North America, the Middle East, and Asia. It’s one reason you don’t see knock-off “Jollibee” restaurants overseas.

A Philippine Case Lesson

In the case of Shangri-La International Hotel Management, Ltd. v. Developers Group of Companies, Inc. (2006), the Supreme Court of the Philippines ruled that even though Shangri-La is famous worldwide, it still had to register its mark locally to enforce its rights here.

The lesson? Fame alone won’t protect your brand—you need registration in every country you care about.

What About Copyright?

Your logo can be both a copyrighted design and a trademark. Copyright protects it as an artistic work, but only trademark registration gives you strong legal tools to stop businesses from using it on products or in advertising.

For example, a Filipino illustrator who creates a character can rely on copyright automatically. But if they want to sell shirts, mugs, or even open a café under that character’s name, they’ll need trademark protection too.

How Long Does Protection Last?

Once registered through the Madrid Protocol, your trademark is valid for 10 years and can be renewed indefinitely in 10-year blocks. Renewal can be done either through WIPO or directly with IPOPHL.

Takeaway for Filipino Entrepreneurs:
Register your trademark with IPOPHL first. Once you have local protection, think about where you’re doing business—or plan to do business—and extend your rights internationally through the Madrid Protocol. It’s one of the smartest moves you can make to protect your brand as you grow.