Professional Documents
Culture Documents
T RA D E M A R K S ,
T RA D E N A M E S A N D
S E RV I C E M A R K S
DEFINITION OF TRADEMARKS
FUNCTIONS OF TRADEMARKS
Ang v. Teodoro, 74 Phil 50
Etepha v. Director of Patents, 16
SCRA 495
Mirpuri v. Court of Appeals, 318
SCRA 516 (1999)
Other
EXAMINATION
mark
the
whose
SECTION
133.
Publication.
Examination
and
PUBLICATION
Sec. 133.2, IPC
133.2. Where the Office finds that the
conditions referred to in Subsection 133.1
are fulfilled, it shall, upon payment of the
prescribed
fee,
forthwith
cause
the
application, as filed, to be published in the
prescribed manner.
OPPOSITION
Sections 134 and 135, IPC
SECTION 134. Opposition. Any person
who believes that he would be damaged by
SECTION
138.
Certificates
of
Registration. A certificate of registration
of a mark shall be prima facie evidence of
the validity of the registration, the
registrant's ownership of the mark, and of
the registrant's exclusive right to use the
same in connection with the goods or
services and those that are related thereto
specified in the certificate.
Sec. 139, IPC
SECTION 139. Publication of Registered
Marks; Inspection of Register.
139.1. The Office shall publish, in the form
and within the period fixed by the
Regulations, the marks registered, in the
order of their registration, reproducing all the
particulars referred to in Subsection 137.2.
139.2. Marks registered at the Office may be
inspected free of charge and any person may
obtain copies thereof at his own expense.
This provision shall also be applicable to
transactions recorded in respect of any
registered mark.
Sec. 144 (and its sub-paragraphs), IPC
SECTION 144. Classification of Goods
and Services.
144.1. Each registration, and any publication
of the Office which concerns an application
or registration effected by the Office shall
indicate the goods or services by their
names, grouped according to the classes of
the Nice Classification, and each group shall
be preceded by the number of the class of
that Classification to which that group of
goods or services belongs, presented in the
order of the classes of the said Classification.
DURATION OF CERTIFICATE
Sec. 145, IPC
SECTION 145. Duration. A certificate of
registration shall remain in force for ten (10)
years: Provided, That the registrant shall file
a declaration of actual use and evidence to
that effect, or shall show valid reasons based
on the existence of obstacles to such use, as
prescribed by the Regulations, within one (1)
year from the fifth anniversary of the date of
the registration of the mark. Otherwise, the
mark shall be removed from the Register by
the Office.
VOLUNTARY CANCELLATION OF
CERTIFICATE
Sec. 140, IPC
SECTION
140.
Cancellation
upon
Application by Registrant; Amendment
or Disclaimer of Registration. Upon
application of the registrant, the Office may
permit any registration to be surrendered for
cancellation, and upon cancellation the
appropriate entry shall be made in the
records of the Office. Upon application of the
registrant and payment of the prescribed fee,
the Office for good cause may permit any
registration to be amended or to be
CORRECTION OF MISTAKES
Sections 142 and 143, IPC
SECTION 142. Correction of Mistakes
Made by the Office. Whenever a
material mistake in a registration incurred
through the fault of the Office is clearly
disclosed by the records of the Office, a
certificate stating the fact and nature of such
mistake shall be issued without charge,
recorded and a printed copy thereof shall be
attached to each printed copy of the
registration. Such corrected registration shall
thereafter have the same effect as the
original certificate; or in the discretion of the
Director of the Administrative, Financial and
Human Resource Development Service
Bureau a new certificate of registration may
be issued without charge. All certificates of
correction heretofore issued in accordance
with the Regulations and the registration to
which they are attached shall have the same
force and effect as if such certificates and
their issuance had been authorized by this
Act.
SECTION 143. Correction of Mistakes
Made by Applicant. Whenever a mistake
is made in a registration and such mistake
occurred in good faith through the fault of
the applicant, the Office may issue a
certificate upon the payment of the
prescribed fee: Provided, That the correction
does not involve any change in the
registration that requires republication of the
mark.
RENEWAL
Sec. 146 (and Its sub-paragraphs), IPC
SECTION 146. Renewal.
RIGHTS CONFERRED;
REMEDIES: ADMINISTRATIVE
ACTION; IPV VIOLATIONS
RIGHTS CONFERRED
Sec. 147 (and Its sub-paragraphs), IPC as
amended by RA No. 9502 (Universally
Accessible Cheaper and Quality Medicines
Act of 2008)
Sec 148, IPC
Section 4.2 in relation to Sections 87 and 88,
92, IPC
Sec. 149 (and its sub-paragraphs), IPC
Sec. 150 (and its sub-paragraphs), IPC
INFRINGEMENT
USE AS A TRADEMARK
FALSE ADVERTISING
LIKELIHOOD OF CONFUSION
DILUTION
REMEDIES
Sec. 3, IPC
ADMINISTRATIVE ACTION
CANCELLATION OF PROCEEDINGS
Sec. 151 (and its sub-paragraphs), IPC
Sec. 152 (and its sub-paragraphs), IPC
Sections 153 and 154, IPC
Sec. 230, IPC
Sec. 232.2, IPC
PROHIBITION OF IMPORTATION
Sec. 166, IPC
Class 15
Civil Action; Criminal Action;
Tradenames; Collective Marks
Civil Action
a) Infringement
McDonalds Corp. v.
L.C. Big Mak, 437 SCRA
10 (2004)
McDonalds Corp. v.
Macjoy Fastfood Corp.,
514 SCRA 95 (2007)
b) Unfair Competition
Sec. 168, IPC
Sec. 232, IPC
Difference between
infringement and
Unfair Competition
Del Monte
Corporation v. CA,
181 SCRA 410
Esso Standard
Eastern, Inc. v. CA, 116
SCRA 338
Universal Rubber
Products v. CA, 130
SCRA 162
Converse Rubber
Corp. v. Jacinto
Rubber and Plastic
Co., 97 SCRA 158
Emerald Garment
Manufacturing v. CA,
251 SCRA 600
Solid Triangle v.
Sheriff, 370 SCRA
491 (2001)
Amigo v. Cluett
Peabody, 354 SCRA 434
(2001)
Sony Computer v.
Supergreen, Inc.,
GR No. 161823, 22
March 2007
Superior
Commercial
Enterprises v.
Kunnan Enterprises
Ltd., GR No. 169974.
Criminal Action
1.11
1. Definition
Sy v. Court of Appeals,
113 SCRA 334
Samson v. Judge
Daway, GR Nos. 160054-55,
July 21, 2004
William C. Yao, Sr. vs.
The People of the
Philippines, GR No. 168306.
June 19, 2007
1.10
TRADENAMES
1. Definition
COLLECTIVE MARKS
Class 16
5.1
Trade Secrets
5.2
Geographical Indicators
5.3
Plant Varieties
5.4
1. Domain Names
2. Cybersquatting and Domain
Name Dispute Resolution
Research in Motion v.
Georges Elias, Case No.
D2009-0218, WIPO
Arbitration and Mediation
Center
(http://www.wipo.int/amc/en/
domains/decisions/html/2009
/d2009-0218.html)
Class 17
6.1
6.2
Class 18
Final Exams