The International Comparative Legal Guide to: Trade Marks 2018

Philippine Chapter

Enrique T. Manuel and Vida M. Panganiban-Alindogan, SyCip Salazar Hernandez & Gatmaitan

1 Relevant Authorities and Legislation

1.1 What is the relevant trade mark authority in your jurisdiction?

The Intellectual Property Office of the Philippines (IPOPHL) is therelevant trade mark authority.

1.2 What is the relevant trade mark legislation in your jurisdiction?

The 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, ormatter 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 competentand in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services.

f. Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is appliedfor.

g. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services.

h. Consists exclusively of signs that are generic for the goods or services that they seek to identify.

i. Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice.

j. Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services.

k. Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value.

l. Consists of colour alone, unless defined by a given form.

m. Is contrary to public order or morality.