Innovention Food Resources Inc., known for its Famous Belgian Waffles brand, opened for business in September 2012 and has quickly become one of the fastest-growing franchises in the Philippines. The company offers franchise packages in standard food cart, kiosk and counter with seating. After just three years it had close to 300 stores across the country. Today the company has almost 600 stores, 70 percent of which are franchised branches, and is looking to expand overseas.
At the heart of the brand’s appeal are its innovative waffle sandwiches. Garnering widespread acclaim – as well as countless lip-licking emojis from fans on social media – the waffle sandwich has made Famous Belgian Waffles a standout player in the Philippines’ crowded food-cart industry.
Making intellectual property a priority
Despite the company’s remarkable and rapid success, its management knew that there was still more to be done if they wanted to sustain their brand and business in a very competitive industry. The company’s intellectual property (IP) would be central to these efforts. “Despite being in business for more than a decade, IP had not really been a priority for the company,” admits Jackie Dela Cruz, General Manager of Innovention Food Resources Inc. “It was thought of as a mere compliance requirement. And since there was a lack of appreciation for IP, we did not realize its possible impact on the business in the long run.” As a result, the only IP for Famous Belgian Waffles was, until recently a trademark, for its logo in the Philippines.
So when the opportunity arose to enroll in WIPO’s Intellectual Property Management Clinic (IPMC) for enterprises in the Philippines, as hosted by the WIPO Singapore Office, Jackie and her colleague, New Business Manager Monica Rojas, did so right away. The IPMC is a four-month global program launched in 2021. It supports small- and medium-sized enterprises (SMEs) in a range of industries to formulate IP strategies based on their own business plans and IP portfolios. The program focuses on IP-related aspects of the enterprises’ products, processes and technologies across the entire business cycle from the perspective of both an IP right (IPR) holder and a user of third parties’ IPRs. The selected businesses participating in the program will receive personalized as well as group mentorship, expert advice and follow-on training to better manage and leverage their IP assets.
From passive to active IP advocates
“We were grateful to have met IP experts at the IPMC,” recalls Jackie. “We’ve gone from a passive to an active advocate of IP. We have a greater knowledge and understanding of the value of brands and IP assets, and the insights we received led us to make several changes in our organization.” One of the most important changes has been engaging an IP law firm (Bengzon & Untalan) to manage the company’s applications and maintain its IP assets.
As part of their participation in the IPMC, Jackie and Monica also made an inventory and compliance registry to track all of the company’s IP assets and explore potential protection. In addition to trademarks, possible registrations for patents, industrial designs and copyrights were thoroughly discussed. As a result, Innovention Food Resources has registered a secondary meaning for the Famous Belgian Waffles brand in the Philippines – reflecting the fact that Filippino customers primarily associate the phrase “Famous Belgian Waffles” with Innovative Food’s brand and not with waffles from Belgium.
The challenges of going global
As part of Innovention Food Resources’ global expansion, the company has started international trademark filings for Famous Belgian Waffles in Mongolia and registered the brand’s word mark and logo in the United Arab Emirates – both countries where prospective franchisees have already been identified. Monica’s team has also applied for a Declaration of Use for the brand’s logo in the United States, and is exploring the possibilities of the Madrid System – a cost-effective, centralized way to register and manage trademarks in up to 131 countries around the world.
Global expansion efforts have brought with them challenges, however. While looking for suitable franchise locations, Innovention Food Resources uncovered a potential copycat issue in India. Following advice from the IPMC, the company sent a cease-and-desist letter to the Indian business and engaged local legal support for better protection, successfully forcing the copycat business to change. Innovention Food Resources has also had to address issues related to the descriptiveness and geographical origin of the Famous Belgian Waffles brand. This led to the decision to use the more specific mark “Famous Waffles Sandwich” in foreign jurisdictions to avoid potential registrability issues.
Another insight from the IPMC regarded trade secrets and confidential information. Jackie realized that there was a need to strengthen the company’s policies on handling confidential information and its non-disclosure agreements (NDAs) with employees. As a result, the company has now developed new NDAs for key personnel. It is also undergoing an internal policy review of its management of confidential information to better protect its IP portfolio and brand assets against internal threats.
“Vigilantly protect your innovations”
Innovention Food Resources has worked hard to address the legal and IP challenges identified by the IPMC, implementing strategies to safeguard its brand and support its international expansion. By strengthening the IP portfolio for Famous Belgian Waffles, the company was able to increase the value of their franchise by 20 percent – a clear reflection of the inseparable link between proactive IP management and business success.
“Once you open your eyes, there’s no closing them,” concludes Jackie of her experience with the IPMC, “and businesses who create IP assets that are worth registering should vigilantly protect their innovations.” It is an outlook that will continue to guide Innovention Food Services as it introduces its iconic waffle sandwiches to the wider world.
