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

Filin g a n
A p p lic a t io n

S e a rc h a n d
E x a m in a t io n

Is s u a n c e o f
R e g is t e r a b ilit y
Re p o r t

Re s p o n s e

R e c o m m e n d a t io n
f o r A llo w a n c e

P u b lic a tio n

Is s u a n c e o f
C e r t ifi c a te o f
Re g is t r a t io n

Second
P u b lic a t io n

Re je c tio n

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.