When scammers use your company logo in fake investment ads, the problem is not just “bad publicity.” It can expose ordinary people to financial loss, damage your brand, confuse customers, and create a false impression that your business is soliciting investments without authority. In the Philippines, a business should respond on three tracks at the same time: preserve evidence, warn the public, and pursue takedown, regulatory, criminal, and intellectual property remedies where appropriate.

What fake investment ads usually look like in the Philippines

Fake investment ads often appear on Facebook, YouTube, TikTok, Google search results, messaging apps, or sponsored posts. They may use:

Your company logo, trade name, building photo, branch photo, website screenshot, or old marketing materials
Names or photos of officers, employees, influencers, or customer service staff
Claims like “SEC registered,” “BSP approved,” “guaranteed daily income,” “double your money,” or “limited slots”
Fake certificates of incorporation, fake permits, or cropped screenshots from official databases
Links to WhatsApp, Telegram, Viber, Messenger, or private Facebook groups
Bank, GCash, Maya, crypto wallet, or remittance details under a person’s name rather than the company’s official account

The SEC has specifically warned that investment scams may impersonate legitimate businesses by using official names, logos, and even SEC registrations to mislead investors. (Philippine Information Agency)

For a legitimate company, the danger is that victims may later say, “I invested because I saw your logo.” Even if the company had nothing to do with the scam, a slow or vague response can make the situation harder to manage.

Is using a company logo in a fake investment ad illegal?

Usually, yes. The exact legal theory depends on what the scammer did.

A fake investment ad using a company logo may involve several overlapping violations:

Problem	Possible Philippine legal basis	Why it matters
Unauthorized use of company logo or brand	Intellectual Property Code, RA 8293	Protects registered marks, goodwill, and the public from confusion
Fake claim that the company sponsors or approves the investment	RA 8293 on unfair competition and false designation	Covers misleading commercial representations
Soliciting investments without SEC registration or authority	Securities Regulation Code, RA 8799; Financial Products and Services Consumer Protection Act, RA 11765	The SEC regulates public offerings of securities and investment fraud
Fraudulent collection of money from victims	Revised Penal Code, Article 315 on estafa	Applies when deceit induces victims to part with money or property
Use of online platforms, fake pages, fake accounts, or digital data	Cybercrime Prevention Act, RA 10175	Covers computer-related identity theft, fraud, forgery, and online commission of other crimes
Misuse of personal data, employee names, IDs, or customer information	Data Privacy Act, RA 10173	Relevant when personal information is collected, exposed, or misused
Use of bank accounts or e-wallets to receive scam proceeds	Anti-Financial Account Scamming Act, RA 12010	Covers money muling and social engineering schemes involving financial accounts

A business does not need to choose only one remedy. In practice, companies often combine platform takedowns, SEC reports, cybercrime complaints, public advisories, and intellectual property enforcement.

Legal basis: trademark, unfair competition, and false endorsement

Trademark infringement under RA 8293

If your company logo or business name is a registered trademark or service mark, the Intellectual Property Code gives the owner the exclusive right to prevent unauthorized third parties from using identical or similar signs in the course of trade where such use is likely to cause confusion. (Lawphil)

Section 155 of RA 8293 makes a person liable for using a reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of goods or services where the use is likely to cause confusion, mistake, or deception. The law also states that infringement happens once the prohibited acts are committed, even if no actual sale has yet occurred. (Lawphil)

For fake investment ads, this is important because scammers often say, “No one has paid yet,” or “It was only an online post.” That does not automatically remove liability if the logo was already used in advertising in a way likely to deceive the public.

Unfair competition, even when trademark registration is incomplete

Not every business has a fully registered logo. Some businesses are still applying for registration, while others rely on trade name recognition and goodwill. Section 168 of RA 8293 protects business goodwill and penalizes deception or bad-faith acts that pass off one business, goods, or services as those of another. (Lawphil)

This is useful where the scammer uses your logo, colors, slogans, branch photos, or employee names to make people believe the fake investment is connected with your company.

False designation or misleading representation

Section 169 of RA 8293 covers false or misleading representations that are likely to cause confusion about affiliation, connection, association, origin, sponsorship, or approval. (Lawphil)

This fits many fake investment ads because the key deception is not just “they copied a logo.” The deeper problem is that they falsely suggest your company approved, sponsored, or operates the investment scheme.

Criminal penalties under the IP Code

RA 8293 also provides criminal penalties for acts covered by Sections 155, 168, and 169.1, including imprisonment of two to five years and a fine from ₱50,000 to ₱200,000, independent of civil and administrative sanctions. (Lawphil)

Legal basis: investment fraud and SEC regulation

SEC registration as a corporation is not enough

A common scam line is: “Registered kami sa SEC.” This can mislead ordinary readers because there is a big difference between:

being registered as a corporation; and
being authorized to solicit investments from the public.

Under Section 8 of the Securities Regulation Code, securities cannot generally be sold, offered for sale, or distributed within the Philippines unless a registration statement has been filed with and approved by the SEC. (Lawphil)

If the fake ad asks people to put in money with an expectation of profit from the efforts of others, the scheme may be treated as an investment contract, which is a type of security.

Investment contracts and the Power Homes doctrine

In Power Homes Unlimited Corporation v. Securities and Exchange Commission, G.R. No. 164182, February 26, 2008, the Supreme Court applied the “Howey Test” and held that a scheme may be an investment contract when a person invests money in a common enterprise with an expectation of profits primarily from the efforts of others. The Court upheld the SEC’s cease and desist order against an unregistered investment contract offering. (Supreme Court E-Library)

This doctrine matters because many fake investment ads avoid words like “shares” or “securities.” They may call the payment a “membership fee,” “package,” “slot,” “task,” “capital,” “franchise,” or “trading account.” The label is not controlling. What matters is the substance of the scheme.

Investment fraud under RA 11765

The Financial Products and Services Consumer Protection Act, RA 11765, makes investment fraud unlawful and subjects violators to penalties under Section 73 of RA 8799, as well as administrative sanctions. (Supreme Court E-Library)

This is relevant when the fake ad is not merely a brand misuse issue but a public-facing deceptive solicitation of money.

Legal basis: cybercrime, identity theft, and online fraud

The Cybercrime Prevention Act of 2012, RA 10175, is often relevant because fake investment ads are usually created and distributed through computer systems, social media platforms, online forms, messaging apps, and digital payment channels.

Computer-related identity theft includes the intentional use, misuse, transfer, possession, alteration, or deletion of identifying information belonging to another, whether a natural or juridical person, without right. (Supreme Court E-Library)

This is especially important for companies because the law recognizes identity theft involving a juridical person—meaning a corporation or legal entity—not just an individual.

RA 10175 also covers computer-related fraud and forgery, and Section 6 provides that crimes under the Revised Penal Code and special laws committed through information and communications technologies are covered by the Cybercrime Prevention Act, with the penalty generally one degree higher. (Supreme Court E-Library)

For example, if scammers use a fake online ad, fake page, and chat messages to induce victims to send money, the facts may support both estafa under Article 315 of the Revised Penal Code and cybercrime-related liability.

Step-by-step guide: how a business should respond

1. Preserve the evidence before reporting the page

Do not rely only on one screenshot. Scammers delete and repost quickly.

Collect:

Full-page screenshots showing the fake ad, logo, account name, post date, comments, reactions, and URL
Screen recordings showing how a user reaches the fake investment page or chat group
Ad library screenshots, if the platform shows that the content is sponsored
Profile URLs, page IDs, group links, usernames, phone numbers, email addresses, and wallet addresses
Chat transcripts from Messenger, WhatsApp, Telegram, Viber, SMS, or email
Payment instructions, QR codes, bank account names, e-wallet numbers, crypto wallet addresses, and receipts
Victim statements, if any victims have contacted the company
Your trademark registration certificates, SEC registration documents, business permits, and official logo files
Internal proof that the company did not authorize the campaign, such as board minutes, marketing approvals, or written confirmation from authorized officers

A practical evidence file should answer five questions: Who posted it? What exactly did they say? Where was it posted? When was it seen? How did it mislead people into paying or contacting the scammer?

2. Prepare a short internal incident memo

Before sending complaints, prepare a one- to two-page incident memo. This helps keep the company’s story consistent.

Include:

Date and time the fake ad was discovered
Platform where it appeared
Exact company logo or materials used
Fake claims made by the ad
Known victims or inquiries received
Amounts involved, if known
URLs, screenshots, and account identifiers
Immediate actions already taken
Company officer authorized to sign complaints and takedown requests

For corporations, the signatory should usually be supported by a board resolution, secretary’s certificate, or written authority, especially if formal complaints will be filed with government agencies or platforms.

3. Report and request takedown from the platform

File platform reports immediately, but do not stop there.

For a stronger takedown request, state that:

The ad uses your company’s logo or trademark without authority.
The ad falsely suggests sponsorship, endorsement, or affiliation.
The ad solicits investments or payments from the public.
Victims may suffer financial loss.
The company has not authorized any such investment program.
The company requests removal of the page, ad, account, and related duplicate content.

Attach proof of brand ownership, official website pages, trademark certificates if available, and a signed company letter.

Many platforms respond faster when the report is framed as both intellectual property misuse and financial fraud impersonation, not merely “misinformation.”

4. File a report with the SEC

Because the content involves investments, the SEC is a key agency even if your company is the impersonated party and not the direct investor-victim.

The SEC iMessage portal allows users to open a ticket, submit a complaint, and check ticket status. (Securities and Exchange Commission)

A strong SEC report should include:

A clear subject line, such as “Fake investment solicitation using [Company Name] logo”
Company profile and proof of legitimate registration
Explanation that the company did not authorize the investment ad
Screenshots and links to the fake ads or pages
Payment channels used by the scammers
Names, phone numbers, or usernames of promoters
Victim complaints or inquiries received
A request for appropriate regulatory action or public advisory, if warranted

The SEC may issue advisories, investigate unauthorized investment solicitation, or coordinate with law enforcement depending on the facts.

5. File a cybercrime complaint with NBI or PNP-ACG

For law enforcement, businesses commonly go to the NBI Cybercrime Division or the PNP Anti-Cybercrime Group.

The NBI Cybercrime Division’s Citizens Charter describes the process for investigative assistance: complainants proceed to the Cybercrime Division, file a complaint sheet, undergo preliminary interview and initial investigation, and submit sworn statements or affidavits and supporting documents. The listed government processing flow shows no fee and an initial processing time of about one hour and ten minutes, although actual investigation timelines vary depending on evidence, subpoenas, platform cooperation, and account tracing. (National Bureau of Investigation)

For a corporate complainant, prepare:

Document	Purpose
Complaint-affidavit	Formal narrative of what happened
Board resolution or secretary’s certificate	Shows authority of the representative
Valid IDs of representative	Identity verification
SEC registration documents	Proves corporate existence
Trademark certificates or proof of logo ownership	Supports IP and impersonation allegations
Screenshots, URLs, and screen recordings	Proves online content
Victim statements and payment receipts	Shows actual damage and fraudulent collection
Public advisory issued by the company	Shows prompt corrective action
Notarized affidavits of IT, marketing, or compliance staff	Establishes authenticity and lack of authorization

If documents are executed abroad, Philippine agencies and courts may require notarization before a Philippine consulate or apostille, depending on the country and document type. Foreign companies should also prepare proof of authority of the signatory, such as board resolutions, incumbency certificates, or equivalent corporate authorizations.

6. Issue a carefully worded public advisory

A public advisory protects both consumers and the company.

It should be clear, calm, and specific. Avoid vague statements like “Beware of scams” if people need to identify the exact fraud.

A good advisory includes:

“We are not connected with the investment ad/page/group using our name and logo.”
“We do not solicit investments through private messages, Telegram, WhatsApp, Viber, or personal bank/e-wallet accounts.”
“Our official website and verified pages are the following.”
“Payments, if any, should only be made through official company channels.”
“We have reported the matter to the relevant authorities and requested takedown.”
“Anyone who paid money should preserve screenshots, receipts, chat records, and account details.”

Be careful not to publish unverified names of suspected scammers unless the facts are properly documented. Naming the wrong person can create defamation, privacy, or unfair accusation issues.

7. Notify banks, e-wallets, payment processors, and domain hosts

If the fake ad shows payment details, send written notices to the relevant bank, e-wallet provider, payment processor, domain registrar, hosting provider, or marketplace.

Include:

The fraudulent ad
The payment account name and number
Proof that your company is being impersonated
Request to preserve records
Request to review, freeze, or restrict the account subject to their internal rules and applicable law
Law enforcement complaint reference number, if already available

RA 12010, the Anti-Financial Account Scamming Act, defines financial accounts to include bank, non-bank financial institution, credit card, investment, and e-wallet accounts, and it addresses schemes involving financial accounts and electronic communications. (Lawphil)

If victims already transferred money, they should report directly to their bank or e-wallet provider as soon as possible because internal fraud review windows can be short.

8. Consider civil, criminal, and IP enforcement

Depending on the evidence, a business may pursue:

IP infringement or unfair competition actions
Civil damages under the Civil Code
Criminal complaints for estafa, cybercrime, or IP violations
SEC regulatory complaints
Takedown and account preservation requests
Domain name or social media impersonation complaints

Civil Code Articles 19, 20, and 21 are often cited in damages claims involving bad faith, unlawful acts, or willful conduct contrary to morals, good customs, or public policy. (Lawphil)

If the scam causes reputational harm, customer confusion, lost sales, or internal crisis costs, the company should document those losses early. Do not wait until months later when staff can no longer reconstruct what happened.

What victims should do if they paid because of the fake ad

A company receiving victim reports should not ignore them. Victims can become key witnesses.

Ask victims to preserve:

The ad or page they saw
Chat messages with the promoter
Proof of payment
Bank or e-wallet account details
Any fake contract, receipt, certificate, or dashboard
Names, phone numbers, usernames, and group links
Date and time of each transaction
Any promise of returns or withdrawal instructions

The company should not promise refunds for money it did not receive. A safer and more accurate response is to confirm whether the transaction was authorized, provide official channels, and direct the victim to preserve evidence and report to law enforcement, SEC, and the financial institution used.

Common mistakes businesses make

Reporting the page before saving evidence

Once a page is removed, some evidence becomes harder to retrieve. Always preserve the URL, screenshots, videos, ad text, and comments first.

Saying only “We are not liable”

That may be legally true, but it is not enough. Readers need practical guidance: how to identify official channels, where to report, and what evidence to keep.

Failing to distinguish SEC registration from investment authority

Scammers exploit confusion around “SEC registered.” A company advisory should explain that corporate registration does not mean the investment offer is approved.

Ignoring small pages

A fake page with only a few followers can still run paid ads and reach thousands of people. Sponsored reach matters more than follower count.

Not coordinating internally

Customer service, social media, legal, compliance, and finance teams should use one approved response. Mixed messaging creates confusion and may be used by scammers.

Posting personal data of suspected scammers

Even when angry victims demand exposure, businesses should avoid publishing IDs, addresses, phone numbers, or personal details unless legally justified. Evidence should be given to authorities, not turned into a public doxxing campaign.

Waiting for “enough victims” before acting

If the ad is live and uses your logo, act immediately. Takedown and public warning are preventive steps, not just reactions after damage is complete.

Special issues for foreign companies

A foreign company whose logo is used in a Philippine fake investment ad can still have remedies, especially when Filipino victims are targeted or the ad is accessible in the Philippines.

Under Section 160 of the Intellectual Property Code, a qualified foreign national or juridical person that does not do business in the Philippines may bring a civil or administrative action for trademark or service mark enforcement, including infringement, unfair competition, false designation of origin, and false description, whether or not it is licensed to do business in the Philippines. (Lawphil)

In practice, foreign companies should prepare:

Trademark registrations in the Philippines, if any
Foreign trademark registrations, if relevant
Proof of international brand use and goodwill
Corporate documents showing legal existence
Board resolution authorizing Philippine action
Special power of attorney for local representatives
Apostilled or consularized documents if executed abroad
Official English translations if documents are in another language

If the scam uses Philippine bank accounts, Philippine phone numbers, Philippine social media admins, or targets Philippine residents, local reporting is usually more practical than relying only on foreign platform procedures.

Documents checklist for businesses

Purpose	Documents to prepare
Platform takedown	Screenshots, URLs, proof of trademark or brand ownership, signed company request
SEC report	Incident memo, fake ad evidence, proof of corporate registration, victim reports, payment details
NBI/PNP cybercrime complaint	Complaint-affidavit, sworn statements, authority of representative, screenshots, links, payment records
IP enforcement	Trademark certificates, logo files, brand guidelines, proof of goodwill, examples of confusion
Payment account reporting	Fraud notice, account details, transaction receipts, law enforcement reference
Public advisory	Approved statement, list of official channels, FAQs for customers and victims
Foreign company action	Apostilled corporate documents, special power of attorney, proof of authority, trademark records

Typical timelines and practical bottlenecks

Step	Usual timing	Common bottleneck
Evidence preservation	Same day	Missing URLs, deleted posts, incomplete screenshots
Platform takedown	Hours to several days	Duplicate pages or reposted ads
SEC ticket or report	Same day to a few days	Incomplete facts or unclear investment solicitation
NBI/PNP intake	Same day for initial receiving, longer for investigation	Need for sworn statements and technical tracing
Bank/e-wallet fraud review	Urgent; should be reported immediately	Transfers already withdrawn or moved
IP demand letter	A few days after evidence review	Identifying the real operator behind the page
Civil or criminal case preparation	Weeks or longer	Need for affidavits, authority documents, and witness cooperation

The biggest practical challenge is attribution. A fake page may show a name, but the real operator may be using stolen photos, prepaid SIMs, mule accounts, or foreign-hosted infrastructure. That is why preserving technical details and payment trails early is critical.

Frequently Asked Questions

Can a company be liable if scammers used its logo without permission?

Not automatically. Liability usually depends on whether the company authorized, participated in, benefited from, or negligently enabled the scheme. Still, the company should act promptly because silence can increase public confusion and reputational harm.

Should the business file with the SEC or with NBI/PNP first?

Both may be appropriate. File with the SEC when the ad solicits investments or uses fake investment authority. File with NBI or PNP-ACG when there is online impersonation, fraud, identity theft, fake accounts, or actual victim payments.

Is a fake investment ad a trademark case or a cybercrime case?

It can be both. The logo misuse may support trademark infringement, unfair competition, or false designation claims. The online deception, fake accounts, and fraudulent collection of money may support cybercrime and estafa complaints.

What if the company logo is not registered as a trademark?

Trademark registration is very helpful, but lack of registration does not always leave the business helpless. Unfair competition and false designation under RA 8293 may still apply if the business has goodwill and the scammer used deception to make the public believe there is a connection.

What should a public advisory say?

It should clearly identify the fake investment offer, state that it is not authorized, list official company channels, warn against sending money to personal accounts or private chat groups, and tell victims to preserve screenshots, receipts, links, and chat records.

Can the company demand that Facebook, Google, TikTok, or YouTube remove the ad?

Yes. The company should use the platform’s impersonation, fraud, and intellectual property reporting channels. Strong reports attach proof of brand ownership, explain the financial fraud risk, and identify the exact URLs, pages, ads, and accounts.

What if victims are OFWs or foreigners outside the Philippines?

They should still preserve evidence and report through available online channels, especially if the scam involved Philippine victims, Philippine accounts, Philippine phone numbers, or a Philippine-facing investment solicitation. Documents executed abroad may need apostille or consular notarization if used in formal Philippine proceedings.

Should the company publish the scammer’s name and photo?

Be careful. If the identity is not verified, publishing names, photos, IDs, or addresses can create privacy and defamation risks. It is usually safer to publish the fake page name, screenshots with sensitive details redacted, official warnings, and reporting instructions.

What if the scammers keep creating new pages?

Create an internal monitoring file. Track repeated logos, wording, phone numbers, bank accounts, wallet addresses, domains, and admin patterns. Repeated evidence can help platforms, regulators, and law enforcement connect related pages and show that the scam is organized.

Can a cease and desist letter help?

Yes, if the operator, website host, domain registrant, advertiser, or payment channel can be identified. But for anonymous scam pages, takedown requests, SEC reporting, cybercrime complaints, and payment-channel notices are often more urgent than a traditional demand letter.

Key Takeaways

A fake investment ad using a company logo is a legal, regulatory, cybercrime, and reputation issue.
Preserve evidence before reporting or requesting takedown.
SEC registration as a corporation is not the same as authority to solicit investments.
RA 8293 may apply to trademark infringement, unfair competition, and false endorsement.
RA 8799 and RA 11765 may apply when the ad solicits investments from the public.
RA 10175 may apply when scammers use online accounts, fake pages, digital data, or identity theft.
Report the matter to platforms, the SEC, cybercrime authorities, and payment channels as appropriate.
Public advisories should be specific, factual, and useful to victims.
Foreign companies can still pursue Philippine remedies when their brand is misused in Philippine-facing scams.
The strongest response combines fast takedown, clear public warning, proper documentation, and coordinated legal reporting.