Does a change in the form of a mark diminish the protection granted to it?
A mark that is used in a form different from its registration does not lose its legal protection as long as its distinctive character is not altered. This variation is not a valid ground for the removal or cancellation of the mark from the registry. Section 152.2 Intellectual Property Code of the Philippines explicitly states that such use shall not diminish the protection granted to the mark. This allows for evolving brand designs without the need for constant re-registration for minor changes,. “The use of the mark in a form different from the form in which it is registered… shall not be ground for cancellation or removal… and shall not diminish the protection” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
