The International Comparative Legal Guide to: Trade Marks 2013
July, 2013 - Enrique T. Manuel; Vida M. Panganiban-Alindogan
1 Relevant Authorities and Legislation
1.1 What is the relevant Philippine trade mark authority?
The Intellectual Property Office of the Philippines (IPOPHIL) is the relevant trade mark authority.
1.2 What is the relevant Philippine trade mark legislation?
Republic Act 8293, otherwise known as the Intellectual Property Code of the Philippines (IP Code), is the relevant trade mark legislation.
2 Application for a Trade Mark
2.1 What can be registered as a trade mark?
Any visible sign capable of distinguishing the goods (trade mark) or services (service mark) of an enterprise, including a stamped or marked container of goods may be registered.
2.2 What cannot be registered as a trade mark?
A mark cannot be registered if it:
a. Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.
b. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof.
c. Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow.
d. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of: (i) the same goods or services; (ii) closely related goods or services; or (iii) if it nearly resembles such a mark as to be likely to deceive or cause confusion.
e. Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known...
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Vida M. Panganiban-Alindogan
Enrique T. Manuel
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