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Mode of acquiring ownership Encourage inflow of foreign investments which could bring about economic and technological progress and development for our country
RA 165 patent law PD 49 copyright law RA 166 trademark law NCC 520 to 521 RPC 188 and 189
Mark a tool used to distinguish the goods and services of one enterprise from those of the others Trademark can be a word or grp of words sign, symbol logo, shapes and colors; refers to marks used to identify goods Servicemark used to identify marks used for services Trade name name or designation identifying an enterprise Collective mark any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark
Importance of trademark
Marketing tool that makes the public remember the goods and services for its quality and other characteristics that make the product or services bearing the mark positively distinct Is the face of the goodwill created in the product Once known to the minds it becomes psychologically attached to it, they trust that product, develop loyalty and continue to patronize
Once established it can become the most valuable business asset of an enterprise HOW
owner can generate income by licensing the use of the mark to third parties thru franchising agreements Enables the TM owner to expands its line of products, as the brand is now famous, trusted and patronized by the public
Importance of TM registration
Prima facie evidence of
Validity of the registration Registrants valid ownership of the mark registrants exclusive right to use the same in connection with the goods or services and those that are related thereto specified in the certificate
RM is presumed b y law to be a valid TM Presumption that the mark has not been abandoned thru non use Constructive notice that is infringers cannot claim that they were unaware of a registered TM. Good faith is not a defense in infringement cases Enhanced remedies for infringement, including the possibility of damages and criminal penalties Right to have the phil. Customs prevent others from using
Exclusive right of the owner of a well know mark which is registered in the phil shall extend to goods and services which are not similar to those in respect of which the mark is registered
Provided that use of that mark in r/t those goods or services would indicate a connection between those goods or services and the owner of the registered mark Provided further that the interests of the owner of the registered mark are likely to be damaged by such use
Remedies available to the owner in case his trademark is copied or used by others without his authority
Administrative action
File a petition for cancellation of any registration of a mark identical or confusingly similar to his mark with bureau of legal affairs of the IPO File a petition with the phil bureau of customs to prevent others from importing goods bearing infringing marks
Civil action
Trademark infringement Unfair competition Actions concerning trademark license contracts Importation of merchandise or goods bearing marks or trade names False designation of origin; false description or representation Cancellation of the registration of a collective mark
Criminal action
Injunction
Preliminary and permanent
Criminal action
Trademark infringement Unfair competition False designation Independent of the civil and administrative sanctions:
Imprisonment from 2 years to 5 years; and FINE 50k -200k