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IPOPHL Patent Agent: Trademark

IPOPHL Patent Agent · Work through your exam, one topic at a time.

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Trademark

The Trademark domain tests how marks are acquired, refused, maintained and enforced in the Philippines, including the actual-use regime and the Madrid route.

What is protected

A mark is a visible sign capable of distinguishing goods or services: words, names, devices, letters, numerals, figures, colors, shapes, packaging or combinations. Rights are acquired through registration on a first-to-file basis, subject to protection of well-known marks even when unregistered.

Refusal grounds

Sec. 123.1 refuses marks contrary to public order or morality, generic or descriptive terms, customary terms, deceptive marks, national symbols, and marks identical or confusingly similar to an earlier registered or well-known mark for related goods or services.

Maintenance

Registration lasts ten years from the registration date and is renewable for ten-year periods. A declaration of actual use with evidence is required within three years from the filing date, within one year from the fifth anniversary of registration, and within one year from each renewal. Failure is fatal: the application is refused or the registration removed.

Enforcement

Opposition lies within 30 days from publication. Infringement requires use in commerce of an identical or similar mark on identical or similar goods likely to cause confusion, with injunction, damages and destruction as remedies.

Worked example

An applicant files SAGADA for coffee roasted in Batangas. The term is a geographical name and its use would falsely suggest origin, so the application is refused as descriptive and deceptive. The Sagada growers themselves could obtain a collective or certification mark with rules limiting use to coffee grown in the defined area.

Traps

Assuming registration is optional for enforcement; missing declaration-of-actual-use deadlines; counting the ten-year term from filing; and confusing a trade or corporate name with a registered mark.