Last materially reviewed: September 5, 2026
Direct Answer
Unauthorized use of your trademark is not automatically infringement in every situation, but it can be actionable where the requirements of RA 8293 are met. Start by preserving evidence, confirming your registration and its goods/services, identifying exactly how the other party uses the sign, and assessing whether the use is likely to cause confusion.
Key Takeaways
- First confirm that your mark is registered and still in force.
- Compare the actual signs and the goods/services, not just the business names.
- Preserve screenshots, URLs, receipts, ads and physical samples before contacting the other party.
- Section 155 addresses unauthorized use of reproductions, copies or colorable imitations likely to cause confusion.
- Possible routes include direct notice, platform action, IPOPHL proceedings, civil remedies and, in qualifying cases, criminal enforcement.
Jump to: Evidence · Infringement test · Options · FAQs
Step 1: Preserve Evidence Before It Disappears
Capture the other party’s website, social-media account, marketplace listings, advertisements and product pages. Record the date, URL, account name and surrounding context. If goods are being sold, keep receipts, packaging, delivery records and photographs. Preserve your own registration certificate, renewal/DAU records and examples showing how you use the mark.
Step 2: Confirm Your Trademark Rights
Check the registration number, owner, mark representation, status, classes and exact goods/services. Section 147 gives the registered owner rights against unauthorized use of identical or similar signs for identical or similar goods/services where the use would result in likelihood of confusion.
Step 3: Assess the Other Use
Section 155 covers use in commerce of a reproduction, counterfeit, copy or colorable imitation of a registered mark or dominant feature in connection with sale, distribution, advertising and related preparatory steps where the use is likely to cause confusion, mistake or deception.
Not every appearance of a trademark is infringement. Section 148 recognizes certain bona fide uses of names, addresses, geographic names and descriptive indications when they are used for identification or information and do not mislead the public about source.
Decision Snapshot
| Question | Why it matters |
|---|---|
| Is your mark registered? | Section 155 infringement remedies center on registered marks. |
| Are the signs identical or similar? | The degree of similarity affects confusion analysis. |
| Are goods/services identical or related? | Commercial relationship affects likely confusion. |
| Is the use commercial? | Trademark infringement focuses on use in commerce. |
| Is the use informational/descriptive? | Section 148 may limit the registered owner’s reach. |
Step 4: Choose an Enforcement Path
Direct notice
A carefully drafted notice can identify the registration, challenged use and requested corrective action. Avoid making threats broader than the rights actually held. Section 158 also makes knowledge relevant to recovery of profits or damages in an infringement suit.
Platform or marketplace action
If the conduct occurs on an online platform, its IP-reporting process can sometimes remove listings or accounts quickly. Preserve evidence before filing a takedown request.
IPOPHL administrative action
The Bureau of Legal Affairs hears administrative complaints involving IP-rights violations where the statutory jurisdictional requirements are met. IPOPHL currently states that its original jurisdiction includes administrative complaints where total damages claimed are at least ₱200,000.
Civil or criminal routes
RA 8293 provides civil remedies for infringement and contains criminal penalties for specified trademark violations. The correct forum and claims depend on the facts and should be assessed carefully.
What If the Other Party Says They Used the Name First?
Section 159.1 protects a good-faith prior user in specified circumstances against the effect of a later registration. Do not ignore a documented prior-use claim. Review dates and evidence before escalating.
Frequently Asked Questions
Should I send a cease-and-desist letter first?
It can be useful, but the wording and timing should fit the evidence and enforcement strategy. A poorly framed letter can overstate rights or create unnecessary admissions.
Can I report the account to Facebook, TikTok or a marketplace?
Platforms commonly provide IP reporting channels. Platform action is separate from formal legal remedies.
Do I need proof of actual sales?
Section 155 states infringement can occur upon the listed acts even without an actual completed sale, depending on the conduct.
Official Sources
Read Trademark Infringement Philippines or return to the Trademark Philippines hub.
Disclaimer
Important: This article provides general educational information about Philippine law, regulation, cybersecurity, technology, or business compliance. It is not legal advice and does not create an attorney-client relationship. Laws, agency procedures, technical standards, platform rules, and the facts of each situation may change the result. Verify current requirements through the cited official sources and seek qualified professional advice when your rights, deadlines, money, safety, or legal exposure may be affected.