Seeing your business logo in a fake investment advertisement can be alarming because it attacks two things at once: your brand reputation and the public’s money. In the Philippines, this is not just a “logo misuse” problem. It may involve trademark infringement, unfair competition, false representation, investment fraud, cybercrime, estafa, money-muling, and even data privacy issues if officers’ names or photos are also used. The right response is fast, documented, and coordinated: preserve evidence, warn the public carefully, report the ad to the platform, file with the proper Philippine agencies, and strengthen your trademark and cybersecurity position.

Why a Fake Investment Ad Using Your Logo Is Legally Serious

A fake investment ad usually works by borrowing trust. Scammers place your logo, trade name, business address, executive photos, SEC registration number, or “official-looking” documents beside promises such as:

“Guaranteed 10% weekly returns”
“Authorized crypto trading partner”
“Limited slots for investors”
“Backed by [your company name]”
“Deposit through GCash, Maya, bank transfer, or crypto wallet”

This can harm your business even if you did not receive any money. People may think your company endorsed the scheme. Victims may message your page, leave angry reviews, report you to regulators, or include your company in complaints. That is why your first goal is not only to remove the ad, but also to create a clear record that your business is a victim of impersonation.

Philippine Laws That May Apply

Trademark infringement under the Intellectual Property Code

A business logo can be a trademark or service mark if it is a visible sign that distinguishes your goods or services. Under Republic Act No. 8293, the Intellectual Property Code of the Philippines, a “mark” includes visible signs capable of distinguishing the goods or services of an enterprise, and a “trade name” identifies or distinguishes an enterprise. Trademark rights are generally acquired through valid registration. (Lawphil)

If your logo is registered with the Intellectual Property Office of the Philippines (IPOPHL), Section 147 gives the owner the exclusive right to prevent others from using identical or similar signs for identical or similar goods or services where there is likelihood of confusion. Section 155 also covers unauthorized use of a registered mark or a colorable imitation in advertising when it is likely to cause confusion, mistake, or deception. (Lawphil)

In practical terms, a fake investment ad using your logo may be infringement if it makes people believe the investment offer is connected with, sponsored by, or approved by your business.

Unfair competition and false representation

Even if your logo is not registered, you may still have a claim for unfair competition if your business has established goodwill and another person uses deception or means contrary to good faith to pass off their business or services as yours. Section 168 of the IP Code protects goodwill whether or not a registered mark is used. (Lawphil)

Section 169 also covers false designations of origin and false or misleading representations that are likely to deceive people as to affiliation, connection, association, origin, sponsorship, or approval. This is especially relevant when the fake ad says or implies that your company “approved,” “backs,” or “guarantees” the investment. (Lawphil)

For criminal exposure, Section 170 of the IP Code provides penalties of imprisonment from two to five years and a fine from ₱50,000 to ₱200,000 for acts under Sections 155, 168, and 169.1. (Lawphil)

Investment fraud and securities law violations

If the fake ad asks the public to invest money in exchange for profits, passive income, crypto gains, trading returns, profit-sharing, or similar financial benefits, the Securities and Exchange Commission (SEC) may treat it as an investment solicitation issue.

Under the Securities Regulation Code, Republic Act No. 8799, securities generally cannot be sold or offered for sale or distribution in the Philippines without a registration statement filed with and approved by the SEC. (Supreme Court E-Library)

Section 26 of the same law prohibits fraudulent transactions in connection with the purchase or sale of securities, including schemes to defraud, obtaining money through untrue statements or omissions of material facts, and acts that operate as fraud or deceit. (Supreme Court E-Library)

Republic Act No. 11765, the Financial Products and Services Consumer Protection Act, defines investment fraud as deceptive solicitation of investments from the public, including Ponzi schemes, boiler room operations, and the offering or selling of investment schemes to the public without the necessary SEC license or permit, unless exempt. (Supreme Court E-Library)

RA 11765 makes investment fraud unlawful and links it to the penalties under Section 73 of the Securities Regulation Code. Those penalties include a fine of ₱50,000 to ₱5,000,000, imprisonment of seven to 21 years, or both, at the court’s discretion. (Supreme Court E-Library)

Cybercrime, fake pages, and online fraud

When the fake investment ad is posted online, Republic Act No. 10175, the Cybercrime Prevention Act of 2012, may apply. The law covers computer-related forgery, computer-related fraud, and cyber-squatting. Cyber-squatting includes acquiring a domain name in bad faith to profit, mislead, destroy reputation, or deprive others from registering it, if it is identical or confusingly similar to an existing registered trademark. (Supreme Court E-Library)

Computer-related forgery may apply when scammers create inauthentic digital documents, fake certificates, fake permits, edited screenshots, or fake company announcements intended to be treated as authentic. Computer-related fraud may apply where unauthorized input, alteration, or deletion of computer data or interference in a computer system causes damage with fraudulent intent. (Supreme Court E-Library)

The NBI and PNP are the law enforcement authorities responsible for cybercrime enforcement under RA 10175, and the law recognizes the need for court warrants for disclosure, search, seizure, and examination of computer data. (Supreme Court E-Library)

Financial account scams and money mules

Republic Act No. 12010, the Anti-Financial Account Scamming Act, is important when the fake ad directs victims to send money to bank accounts, e-wallets, or other payment channels. The law covers money-muling activities, social engineering schemes, temporary holding of disputed funds, coordinated verification of disputed transactions, and BSP-related investigation powers. (Lawphil)

For example, if scammers rent, buy, lend, or use someone else’s bank or e-wallet account to receive victims’ funds, this may fall under money-muling. If they use electronic communications to obtain sensitive financial information through deception, this may fall under social engineering. (Lawphil)

What to Do Immediately If Your Logo Is Used in a Fake Investment Advertisement

1. Preserve evidence before reporting or commenting

Do not rely only on one screenshot. Fake ads disappear quickly, and platforms may remove them before law enforcement can view them.

Save:

Full screenshots showing the ad, logo, page name, date, time, comments, and “Sponsored” or “Ad” label
The exact URL of the ad, page, profile, landing page, group, Telegram channel, WhatsApp number, or website
Any ad library link, ad ID, page ID, username, phone number, bank account, e-wallet number, crypto wallet, QR code, or email address
Screen recordings showing how a user clicks from the ad to the payment instruction
Copies of fake certificates, fake SEC documents, edited company permits, or fake letters
Messages from victims or potential investors
Your own proof of ownership: trademark certificate, SEC registration documents, DTI business name certificate, mayor’s permit, official website, official social media pages, and brand guidelines

For stronger evidentiary value, keep the original files, not only compressed screenshots sent through chat apps. Record the date and time of capture. If the matter is serious, have key screenshots printed and notarize an affidavit describing how and when they were captured.

2. Confirm whether your own accounts were compromised

A fake ad may be pure impersonation, but it may also be a sign that your Facebook Business Manager, Google Ads account, website admin, domain registrar, email, or payment account was compromised.

Check:

Recent logins to company social media and ad accounts
New admins or business managers added without authority
Unknown ad accounts connected to your page
Forwarding rules in company email
Website redirects or new landing pages
Domain names similar to yours
Public posts or ads that you did not approve

Enable multi-factor authentication for all admins. Remove former staff or agencies that no longer need access. Preserve logs before deleting suspicious users.

3. Publish a careful public advisory

A short public advisory helps protect the public and creates evidence that you disowned the fake investment offer promptly.

The advisory should say:

Your business is not offering, endorsing, or guaranteeing the investment
The fake page, ad, website, group, or phone number is not connected with your company
Your official website, email, and social media pages
A reminder not to send money or personal information to unofficial channels
A request that people report the fake ad through the platform and preserve proof if they already paid

Avoid guessing the identity of the scammer unless verified. Avoid saying “we will refund victims” unless your company has legally decided to do so. The better wording is: “We are not connected with this transaction. Victims should immediately report payments to their bank/e-wallet provider and the proper authorities.”

4. Report the ad to the platform as both scam and intellectual property misuse

File platform reports quickly. Use the category that best fits the facts: trademark infringement, impersonation, scam, phishing, or misleading financial promotion.

For Meta platforms, Meta’s Brand Rights Protection tool allows brands to identify and report content that misuses intellectual property, and Meta also provides trademark report forms. (Facebook)

For Google ads, Google’s reporting form allows reports for ads that violate policies such as scams or phishing, and also ads that should be removed because of legal violations such as trademark or counterfeit violations. (Google Help)

For TikTok ads and commercial content, TikTok states that right holders may report trademark, copyright, counterfeit, and other IP violations through dedicated channels, and that clear-cut valid reports are usually removed promptly within two working days. (TikTok for Business)

When reporting, include proof that you own the brand. If your logo is registered, attach the IPOPHL trademark certificate. If not, attach business registration, official website screenshots, packaging, invoices, publicity materials, and long-term use evidence.

5. File an investment scam report with the SEC

Because the ad is an investment solicitation, report it to the SEC even if your company is only being impersonated. The SEC’s iMessage system is its official web-based platform for public inquiries, complaints, incidents, and requests, generating a ticket that users can track. (Securities and Exchange Commission)

The SEC iMessage guide specifically lists “eComplaints on Investment Scams” under the Enforcement and Investor Protection Department.

Your SEC report should attach:

Evidence of the fake ad
Your proof that the business did not authorize the ad
Any payment instructions, bank/e-wallet accounts, or crypto wallet addresses used
Names of pages, groups, websites, admins, agents, or “investment coaches”
Complaints or messages from victims
Your public advisory disowning the scheme

A common mistake is assuming that “SEC registered” means “authorized to solicit investments.” It does not. A corporation may be registered as a juridical entity but still lack authority to sell securities or solicit investments from the public.

6. Report the cybercrime angle to NBI or PNP

If the ad uses fake pages, fake identities, fake documents, phishing links, hacked accounts, or payment channels, prepare a cybercrime complaint.

The DOJ Office of Cybercrime identifies the NBI Cybercrime Division and the PNP Anti-Cybercrime Group as the offices where cybercrime complaints may be filed. (Cybercrime Center)

The NBI Citizen’s Charter for investigative assistance to victims of computer crimes states that the general public may avail of the service, that the complainant proceeds to the Cybercrime Division to file the complaint or request investigation, and that complainants and witnesses execute sworn statements or submit affidavits and supporting documents. The listed government fees for that service are none. (National Bureau of Investigation)

Bring both digital and printed evidence. If possible, bring a USB drive containing screenshots, screen recordings, URLs, and a simple timeline.

7. Notify banks, e-wallets, and payment providers if payment channels appear

If the fake ad shows account numbers, QR codes, GCash/Maya numbers, bank accounts, or crypto wallet addresses, report them immediately to the relevant provider.

Under AFASA, institutions may temporarily hold funds subject of a disputed transaction within the period prescribed by the BSP, not exceeding 30 calendar days unless extended by a court, when there is reasonable ground to believe a transaction is unusual, from an unknown or illegal source, or facilitated through social engineering. (Lawphil)

Speed matters. Once scam funds are withdrawn, transferred through several accounts, or converted to crypto, recovery becomes much harder.

Evidence and Documents to Prepare

Purpose	Useful documents and evidence
Prove you own the brand	IPOPHL trademark certificate, trademark application, SEC/DTI registration, business permits, official website, verified social pages, old ads, packaging, invoices
Prove unauthorized use	Board secretary’s certificate, owner affidavit, brand guidelines, statement that no license or endorsement was given
Prove the scam ad existed	Screenshots, screen recordings, URLs, ad IDs, page IDs, landing pages, archived pages, comments, messages
Prove investment solicitation	Promised returns, payment instructions, investor scripts, contracts, fake certificates, “guaranteed income” claims
Support cybercrime tracing	Usernames, phone numbers, email addresses, IP-related headers if available, domain WHOIS data, chat logs
Support victim reports	Receipts, bank/e-wallet transfer records, transaction reference numbers, victim affidavits
Support foreign-owned brand filings	Notarized and, when applicable, apostilled or consularized authority documents, board resolutions, special powers of attorney

Which Office Handles Which Part?

Office or channel	Best used for	Practical notes
Ad platform	Fast takedown of the fake ad, page, or account	File both scam and IP reports. Attach proof of brand ownership.
SEC	Unauthorized investment solicitation and investment fraud	Use SEC iMessage and select the investment scam complaint route.
NBI Cybercrime Division / PNP Anti-Cybercrime Group	Fake pages, phishing, hacked accounts, online fraud, tracing digital evidence	Prepare sworn statements and digital evidence. Investigation timelines vary depending on platform cooperation and warrants.
IPOPHL IEO	IP violation reports, especially counterfeiting and piracy-related enforcement	IPOPHL states that IP owners or concerned citizens may report IP violations through its enforcement channels. (IPOPHL)
IPOPHL Bureau of Legal Affairs	Administrative complaints for IP violations	IPOPHL’s IP adjudication service covers administrative complaints for IP rights violations where total damages claimed are at least ₱200,000, and provisional remedies may be available. (IPOPHL)
National Privacy Commission	Misuse of personal data, officer photos, IDs, signatures, or personal contact details	The NPC recognizes the right to file a complaint when personal information is misused or privacy rights are violated. (National Privacy Commission)
Banks/e-wallets/payment providers	Blocking or holding suspicious funds and preserving transaction records	Report immediately with account numbers, screenshots, and transaction references.
Prosecutor / RTC	Criminal prosecution, injunctions, damages, and court orders	Cybercrime cases fall within RTC jurisdiction under RA 10175. (Supreme Court E-Library)

If Your Logo Is Registered vs. Not Registered

If your logo is registered with IPOPHL

You are in a stronger position because you can rely directly on trademark infringement provisions. You can attach your certificate to platform reports, SEC reports, IP enforcement complaints, demand letters, and court filings.

A registered mark also helps platforms process complaints faster because it gives them a clear ownership document.

If your logo is not registered

You may still have options, especially if the public already associates the logo, trade name, or get-up with your business. Section 168 of the IP Code protects goodwill even if no registered mark is used. However, proving goodwill requires more evidence: years of use, sales records, advertising, website analytics, social media reach, customer recognition, media features, invoices, and packaging.

You should also consider filing a trademark application. IPOPHL’s eTMfile allows online trademark filing 24/7, and IPOPHL publishes official trademark-related fees, including filing fees per class. (IPOPHL)

Special Notes for Foreign Businesses

Foreign companies can protect and enforce IP rights in the Philippines, especially where the country of nationality or domicile is a party to relevant treaties or grants reciprocal rights. The IP Code states that nationals or domiciliaries of countries that are parties to IP-related conventions or treaties with the Philippines, or that extend reciprocal rights to Philippine nationals, are entitled to benefits under the law. (Lawphil)

In practice, a foreign company filing in the Philippines should prepare:

Proof of foreign trademark registration or application, if any
Proof of Philippine use or exposure, if relevant
Authority for a Philippine representative or counsel
Board resolution or special power of attorney
Notarized documents, with apostille or consular authentication when required for Philippine use

The DFA explains that Philippine apostille services apply to Philippine public documents for use abroad; foreign documents for use in the Philippines generally need authentication from the issuing country’s competent authority if the country is part of the Apostille Convention, or consular authentication if not. (Apostille Services)

Common Mistakes to Avoid

Waiting until “more victims appear”

Do not wait. A fake investment ad can collect money in hours. Report early even if you have only one screenshot, then supplement the report as new evidence comes in.

Posting accusations without evidence

Public warnings are useful, but do not name private individuals as scammers unless verified. Stick to facts: the page, ad, website, phone number, or account is unauthorized and not connected with your company.

Deleting comments from victims without saving them

Victim comments may contain transaction references, payment channels, recruiter names, and links. Save them first. You can later hide comments containing personal data or abusive content after preserving evidence.

Reporting only trademark infringement when the ad is also investment fraud

A trademark report may remove one ad, but the scam may continue through new pages. SEC, NBI, PNP, banks, and e-wallets need the fraud details, not just the logo issue.

Assuming barangay proceedings will solve it

Barangay conciliation is usually not practical where the scammer is unknown, online, outside the locality, using fake identities, or where criminal/cybercrime investigation and urgent takedown are needed.

Sending sensitive documents to fake “support” accounts

Scammers sometimes respond by pretending to be Meta, Google, SEC, NBI, or “brand protection support.” Use only official platform forms and government channels. Do not send IDs, passwords, OTPs, business manager access, or notarized documents through chat.

Frequently Asked Questions

Can I sue if my business logo was used in a fake investment ad?

Yes, depending on the evidence. Possible claims include trademark infringement if your mark is registered, unfair competition, false designation or false representation, damages under the Civil Code, and criminal complaints under the IP Code, Securities Regulation Code, Cybercrime Prevention Act, or other applicable laws.

What if my logo is not registered with IPOPHL?

You may still rely on unfair competition if your business has established goodwill and the fake ad is calculated to make people believe the investment is connected with you. But registration gives stronger, clearer rights, especially for platform takedowns and infringement claims.

Is SEC registration enough to solicit investments in the Philippines?

No. SEC registration as a corporation only means the entity has juridical personality. Soliciting investments from the public usually requires compliance with securities registration or licensing requirements. Under the Securities Regulation Code, securities cannot generally be offered or sold to the public in the Philippines without SEC-approved registration. (Supreme Court E-Library)

Can I force Facebook, Google, or TikTok to disclose who paid for the fake ad?

Usually, private parties cannot simply demand subscriber or advertiser data directly. Law enforcement may need appropriate legal process or court warrants. Under RA 10175, disclosure of computer data from service providers generally requires a court warrant in relation to a valid complaint officially docketed and assigned for investigation. (Supreme Court E-Library)

Should my company reimburse victims?

Not automatically. If your company did not authorize the ad, did not receive the funds, and did not participate in the scheme, you should be careful about promising reimbursement. Preserve victim reports, cooperate with authorities, and direct victims to their banks, e-wallet providers, SEC, NBI, or PNP. Any goodwill assistance should be clearly documented and reviewed internally.

Can I post screenshots of the fake ad to warn the public?

Yes, but redact personal data when possible, such as private phone numbers, full bank account numbers, IDs, and victim names. Keep an unredacted copy for authorities. Your public post should focus on warning the public and clarifying that the ad is unauthorized.

How fast can the fake ad be removed?

It varies. Clear platform reports with proof of trademark ownership are often processed faster. TikTok’s ad IP policy says clear-cut valid reports are usually removed promptly within two working days, while other platforms may vary depending on volume, completeness of report, and whether the issue is handled as scam, trademark infringement, impersonation, or legal removal. (TikTok for Business)

Is this estafa?

It may be estafa if victims were defrauded through deceit or false pretenses. But from the business owner’s perspective, the more immediate filing routes are usually platform takedown, SEC investment scam reporting, and NBI/PNP cybercrime reporting. Prosecutors will determine the proper charges based on evidence.

What if the fake ad uses my CEO’s photo or signature?

That adds possible identity misuse, forgery, cybercrime, and data privacy concerns. If personal information was misused, the affected individual may also consider a complaint with the National Privacy Commission, especially where personal data was maliciously used or privacy rights were violated. (National Privacy Commission)

Should I send a demand letter?

A demand letter is useful when the infringer is identifiable, such as an agency, affiliate, reseller, competitor, or known advertiser. For anonymous scammers, urgent platform reports and law enforcement complaints are usually more effective than sending messages that may alert them to delete evidence.

Key Takeaways

A fake investment ad using your logo is both a brand protection issue and a financial fraud issue.
Preserve evidence first: screenshots, URLs, ad IDs, payment details, chat logs, and victim reports.
Publish a careful advisory disowning the scam, but avoid unsupported accusations.
Report the ad to the platform as scam, impersonation, and trademark/IP misuse.
File with the SEC for investment scam concerns, and with NBI or PNP for cybercrime investigation.
Notify banks, e-wallets, and payment providers immediately if payment accounts are shown.
A registered IPOPHL trademark gives stronger takedown and enforcement leverage, but unregistered businesses may still rely on goodwill and unfair competition.
Foreign businesses can enforce IP rights in the Philippines, but authority documents may need notarization, apostille, or consular authentication depending on where they were issued.