Unregistered Trademark

A lot of small business owners in the Philippines don’t rush to register their brand with the Intellectual Property Office of the Philippines (IPOPHL). Maybe you’ve been using a name, logo, or slogan for years without thinking about paperwork. That’s totally normal.

Here’s the thing: even if you never register your trademark, the law still gives you some rights. But — and this is important — those rights are limited compared to what you’d get if you registered.

How Unregistered Trademarks Still Protect You

If you’ve been using a brand in your area, the law recognizes that it’s unfair for someone else to copy it and confuse customers. This falls under the rule against unfair competition.

Let’s say you own a jewelry shop called “Precious” that’s been around for decades. People in your town know and trust your store. If another jeweler suddenly opens nearby with the same name, customers might get confused and think the new store is connected to yours. That’s not just unfair to you — it also misleads your customers.

Even without a registration, you’d likely have a strong case to stop that competitor.

Real-Life IPOPHL Cases

To see how this works in practice, here are some examples:

• W Hotels (2015): The global “W” hotel brand blocked a confusingly similar Philippine application by showing it already had a reputation here, even before full local registration.
• Mang Inasal: The original Mang Inasal had to deal with a competitor trying to use a nearly identical name. IPOPHL sided with the first user, saying it would cause confusion.

Both cases highlight a key point: you can win even without registration, but it takes a lot of proof and effort.

Where Unregistered Marks Fall Short

The protection you get from using a brand without registering it is very narrow.

• It usually only applies in the area where you’re actually doing business.
• It’s tough to protect your name online since the internet isn’t bound by geography.
• If there’s a dispute, you’ll need to dig up proof — receipts, ads, social media posts — to prove you were there first. That can be stressful and expensive.

Why Registering Is Worth It

Registering your trademark with IPOPHL makes things so much simpler.

• You get nationwide protection automatically.
• Other businesses are officially warned not to use your name once it’s published.
• If there’s a dispute, your registration certificate does the heavy lifting — you don’t have to prove ownership from scratch.
• It makes expansion, franchising, and even getting investors easier because your brand is legally secured.

Take Shakey’s Pizza as an example. Because their trademark was registered, they were able to expand across the Philippines without constantly fighting off imitators. Without registration, their brand could have been diluted by copycats all over the country.

The Bottom Line

Yes, you do get some protection for an unregistered trademark in the Philippines. But it’s like putting a padlock on your store — it works for now, but it won’t keep out everyone.

Registering with IPOPHL, on the other hand, is like installing a full security system. It’s stronger, it’s nationwide, and it saves you from a lot of headaches down the road.

If you’re serious about your business and want to protect your brand long-term, registration isn’t just a legal step — it’s a smart business move.

‍