Well-Known

Mark

Sections 123.1 (e) and (f); Sec. 147.2;

Rule 102 Rules and Regulations on Trademarks, Service Marks, Trade Names

Fredco Manufacturing Corp. v. Pres. & Fellows of Harvard College, 650 SCRA 232 (2011)

246 Corporation v. Daway, 416 SCRA 315 (2003)

Ecole De Cuisine Manille v. Renaud Ceointreau Gr No. 185830, 5 July 2013


Introduction to the System of Registration

Filing an Application

Search and
Examination

Issuance of
Registerability Report

Response

Recommendation for
Rejection
Allowance

Publication

Issuance of Certificate
of Registration

Second Publication

Procedure

Sections 127-132 IPC

Filing Date 127 IPC

Priority Date 131.2 IPC

Certificate of Registration 138, 145, 146, 147 IPC
The certificate of registration of a mark is prima facie evidence of:
1. the validity of the registration
2. the registrants ownership of the mark
3. the registrants exclusive right to use the mark

The registration is good for 10 years, provided the registrant files a declaration of actual use
within 1 year from the 5th anniversary of the date of registration of the mark. Otherwise, the
mark shall be removed from the register by the office.

The registration may be renewed for periods of 10 years.

The owner of the registered mark shall have the exclusive right to prevent all 3rd parties not
having the owners consent from using the course of trade identical or similar signs or
containers for goods/services which are identical or similar to those in respect of which the
trademark is registered, where such use would result in a likelihood of confusion.

Nice Classification
Applicant must indicate the names of the goods/services for which the registration is sought.
The goods must be grouped according to the classes in the NICE classification. (IE: chemical
products; paints, varnishes, lacquers; bleaching preparations; madami pang ibang classification)

Commercialization of Trade Marks 149, 150 IPC


Basis of Registration

Dilution

Opposition 134 IPC

Cancellation/Revocation 151 IPC

Maintenance Sections 145, 146 IPC

Declaration of Actual Use 124 IPC
The applicant shall file a declaration of actual use of the mark with evidence to that effect, as
prescribed by the Regulations, within 3 years from the filing date of the application. Otherwise,
the application shall be refused or the mark shall be removed from the Register by the Director
of Trademarks.

Trade Names or Business Names 165 IPC
Trade name is the name or designation identifying or distinguishing an enterprise.
It is also known as a business identifier

A trademark distinguishes ones goods from similar goods, while a trade name distinguishes
ones business entity from the rest of the industry.

Trade names shall be protected, EVEN PRIOR TO or WITHOUT registration, against any unlawful
act committed by 3rd parties.