Last materially reviewed: September 5, 2026
Direct Answer
Trademark infringement in the Philippines generally involves unauthorized use in commerce of a reproduction, counterfeit, copy or colorable imitation of a registered mark in circumstances likely to cause confusion, mistake or deception. Sections 147 and 155 of RA 8293 are central to the analysis.
For the wider registration, ownership, licensing and enforcement framework, see Cybercode’s IP and brand protection hub.
Key Takeaways
- Section 155 infringement is built around a registered mark.
- Likelihood of confusion is a central issue.
- Identical signs used for identical goods/services receive a statutory presumption of confusion under Section 147.
- Evidence should capture the mark, goods/services, sales or advertising context, dates and source.
- RA 8293 provides civil remedies and criminal penalties, while IPOPHL has administrative jurisdiction in qualifying IP-violation cases.
Jump to: Core elements · Evidence · Limits/defenses · Remedies · FAQs
Core Trademark Infringement Questions
1. Is there a registered mark?
Start with the registration certificate and IPOPHL record. Confirm owner, status, mark representation, classes and goods/services.
2. What sign is the other party using?
Compare the full signs and their dominant features. Section 155 expressly refers to reproductions, counterfeits, copies and colorable imitations.
3. How is the sign being used?
The statute covers use in commerce connected with sale, offering for sale, distribution, advertising and preparatory steps, as well as applying an imitation to labels, signs, packaging, wrappers and advertisements.
4. Is confusion likely?
Section 147 protects against unauthorized identical or similar signs for identical or similar goods/services where the use would result in likelihood of confusion. When an identical sign is used for identical goods/services, the statute says likelihood of confusion is presumed.
Decision Snapshot
| Factor | What to examine |
|---|---|
| Registration | Validity, owner, classes, goods/services, maintenance. |
| Similarity | Words, sound, visual appearance, dominant features. |
| Market | Goods/services, buyers, channels, advertising context. |
| Conduct | Sale, listings, labels, ads, packaging, preparatory acts. |
| Evidence | Dated screenshots, purchases, records, witness evidence. |
Evidence to Preserve
- Certified or official registration records.
- Dated screenshots showing full URLs and account identities.
- Marketplace listings and seller information.
- Advertisements, sponsored posts and search ads.
- Receipts, invoices, order confirmations and delivery records.
- Physical packaging or counterfeit samples.
- Customer messages showing actual confusion, where available.
- Your own historical use and marketing records.
Limits and Defenses That Can Matter
Registration does not create an unlimited right over every use of a word or sign. Section 148 preserves certain bona fide uses of names, addresses, geographic names and descriptive indications where they are used for identification or information and do not mislead as to source.
Section 159.1 also limits the effect of registration against a person who in good faith used the mark for their business before the relevant filing or priority date. Other defenses and limitations can be fact-specific.
What Remedies Are Available?
Civil action
Section 155 provides civil liability for infringement, with remedies addressed in the following provisions of RA 8293. Section 158 makes knowledge relevant to recovery of profits or damages.
IPOPHL administrative complaint
The Bureau of Legal Affairs has original jurisdiction over qualifying administrative complaints for violations of IP laws. IPOPHL currently states that this jurisdiction applies where total damages claimed are at least ₱200,000.
Criminal penalties
Section 170 provides criminal penalties for acts covered by Sections 155, 168 and 169.1. Criminal enforcement should be evaluated with counsel based on evidence and the exact offense.
Online-platform action
Where infringement happens through a marketplace or social network, a platform IP complaint can be a parallel practical remedy, but it does not replace formal legal rights.
Trademark Infringement vs Unfair Competition
They are related but distinct concepts. Trademark infringement under Section 155 centers on registered marks. Unfair competition under Section 168 can address passing off and deceptive conduct even where the legal theory is not identical to registered-mark infringement.
Statutory foundation: For the complete registration, infringement, unfair-competition and remedies framework, read Cybercode’s authority guide to RA 8293.
Frequently Asked Questions
Do I need actual customer confusion?
The statute focuses on likelihood of confusion; evidence of actual confusion can help but is not necessarily the only way to establish the issue.
Can infringement happen before a sale is completed?
Yes. Section 155 states that infringement can occur when the listed acts are committed even if there has not yet been an actual sale.
Can I sue over an unregistered mark?
Section 155 infringement is tied to registered marks, but other legal theories, including unfair competition, may be relevant to unregistered marks depending on the facts.
Official Sources
- RA 8293 — Sections 147, 148, 155–170
- IPOPHL — IP Adjudication
- IPOPHL — Adjudication Filing Requirements and Fees
For immediate evidence steps, read Someone Is Using My Trademark: What to Do. 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.