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Non-Traditional Marks in the Philippines: A New Frontier for Brand Protection
Brand identity today goes far beyond names and logos. As consumers interact with businesses through social media, mobile apps, e-commerce, virtual goods, and streaming platforms, brands increasingly rely on shapes, colors, movement, and other distinctive visual elements to stand out.
Recognizing this shift, the Philippines, through the 2023 update of its trademark regulations under IPOPHL, now allows the registration of non-traditional visual marks.
Effective 14 February 2023, the rules under Memorandum Circular (MC) 2023-001 formally expanded the definition of registrable marks to include:
- Three-dimensional (3D) marks
- Motion marks
- Hologram marks
- Pattern and position marks
- Color marks per se (where the color alone serves as the identifier)
Why These Marks Matter Today
In today’s fragmented attention economy, consumers engage with brands across screens, platforms, and immersive digital environments. Distinctive shapes, packaging structures, animations, and recurring visual cues have become powerful identifiers especially as AI-generated media, AR/VR, and virtual marketplaces continue to expand. These unconventional brand elements help businesses differentiate, build instant recognition, and protect goodwill across both physical and digital touchpoints.
Legal Framework: What the 2023 Rules Changed
Under MC 2023-001:
- Non-traditional forms of marks are now explicitly recognized and registrable.
- Applicants must submit a clear depiction of the mark — for example, a single perspective view for 3D marks if sufficient, or multiple views (up to six) when needed.
- For color marks, the application must include a description of the color(s) claimed and their arrangement, and file a sample representation if relevant.
- Motion marks may be represented by a sequence of still images that depict the movement; in some cases, a video or GIF may be submitted for clarity.
- The regulations also fully institutionalize digital filing and online communication via IPOPHL’s e-TMFile/e-DocFile and e-correspondence platforms, supporting the goal of a “future-ready, fully digitized trademark office.”
Under MC 2023-002, the fee structure was updated to require upfront payment of the publication-for-opposition fee together with the basic filing fee which is a change that helps streamline the application process and reduce abandonment.
Implications for Businesses
The revised regulations offer real opportunities, but also demand thoughtful strategy. While registration is now possible, enforcement remains evolving. IPOPHL examiners continue to apply traditional principles such as distinctiveness, non-functionality, and genuine use in assessing applications.
That means businesses that wish to protect non-traditional marks should:
- Identify and document unique design or visual elements across physical and digital brand assets
- Prepare clear and accurate representations of marks in compliance with IPOPHL’s technical requirements
- Build evidence of actual use — for example, product shots, packaging, ads, user interface designs — to support distinctiveness claims over time
How AJA Law Can Help
Our team has been closely involved in NTM developments and offers assistance to businesses in:
- Evaluating registrability of proposed non-traditional marks
- Identifying protectable assets in both physical and digital brand design
- Preparing required documentation, reproductions, and evidence strategies
- Structuring long-term trademark and brand protection plans
As branding becomes increasingly digital and global, safeguarding your distinctive identity is key to staying competitive. If your business is exploring new branding elements or strengthening its IP portfolio, our IP team is ready to assist.
Legal References