Does using a mark in a slightly different form from its registration affect its protection?
Using a mark in a form that differs from the registered version is permissible as long as the distinctive character remains unchanged. Such variations will not serve as a ground for cancelling or removing the mark from the registry. Section 152.2 Intellectual Property Code of the Philippines explicitly protects the owner’s rights even if minor stylistic changes occur. This provides flexibility for brand modernization while maintaining continuous legal protection,. “152.2. The use of the mark in a form different from the form in which it is registered, which does not alter its distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the protection granted to the mark.” 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/.
