The Intellectual Property Office of the Philippines ("IPOPHL") issued Memorandum Circular No. 2023-001 ("MC 2023-001") or the Revised Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers, which took effect on 14 February 2023. MC 2023-001 replaced the Revised Trademark Regulations of 2017 and institutionalised protection for non-traditional visual works.
MC 2023-001 lists down acceptable representations of non-traditional marks. It also clarifies that colour marks, motion marks, position marks, and hologram marks are acceptable subjects of trademark registration as long as the marks portray an acquired distinctiveness as defined under the Intellectual Property Code.
Under MC 2023-001, the Bureau of Trademarks ("Bureau") is also able to formally process fully digitalised transactions. Although mandatory online filing has been in place since September 2020, the Bureau still accepted — and in certain situations, required — the submission of physical, original documents to the office while also providing physical copies of official activities and correspondence. Under MC 2023-001, all communications shall now be transmitted via online platforms.
