INTELLECTUAL PROPERTY

SEMINAR
for
SAN MIGUEL FOOD GROUP
Angara Abello Concepcion Regala & Cruz Law Offices
23 February 2012, Mandaluyong City

TRADEMARKS

What is a trademark?
A mark is any visible sign (such as a
word, group of words, name, symbol
or device or other source indicator or
any combination of these) which can
distinguish the goods (trademark) or
services (service mark) of an
enterprise.

What marks may be registered?

1. Plain word mark - whether in block letters like SAN
MIGUEL or in stylized letters such as
)
2. Pure device mark - composed of drawings or
representations such as the Olympic rings, the stylized
letter M of McDonalds, or the Escudo mark of San
Miguel:

3. Composite mark (i.e., containing both word elements and

design/ device such as the Rolex mark with the Crown
device :
**Only marks that appeal to the sense of sight are registrable in the
Philippines.

What marks may not be registered?

Unlike in some countries, sound, scent, and

tactile (i.e., those that appeal to the sense of
touch) marks cannot be registered as
trademarks or service marks in the Philippines.

The following visible marks likewise cannot be registered:

1. Immoral, deceptive, or scandalous marks;
2. Marks that consists of flag or coat of arms or other insignia of the
Republic of the Philippines or other nations;
3. A name, portrait, or signature of a living individual unless with the
latters consent;
4. The name, portrait, or signature of a deceased Philippine
President, during the life of his/her surviving spouse unless the
surviving spouse consents;
5. Marks that are identical with a registered mark with an earlier
filing date;
6. Marks that are identical with or confusingly similar to or is a
translation of a well-known mark whether or not registered in the
Philippines, and used for identical or similar goods or services;

7. Marks that are identical with or confusingly similar to or is a

translation of a registered well-known mark even if used on
different goods or services;
8. Marks that are misleading as to the nature, quality, characteristics,
or geographical origin of the goods or services;
9. Generic marks;
10. Marks that have become customary or usual to designate the
goods or services (e.g., escalator for moving staircase, cellophane
for transparent cellulose sheets, and pilates for a form of exercise)
11. Marks that are descriptive of the kind, quality, geographical origin
or other characteristics of the goods or services;
12. Marks that consist of colors alone, unless defined in a given
form; or
13. Marks that are contrary to public order or morality.

Kinds of Marks
Marks may be categorized into categories based
on their degree of distinctiveness:
1. Fanciful or coined marks these marks are
the strongest and most distinctive because they
are coined or made up words that have no
meaning except as a brand.

Fanciful or coined marks

2. Arbitrary marks these marks are words

that have a common or ordinary meaning
but the meaning is unrelated to the product
or service for which they are used. Arbitrary
marks are distinct and considered to be
strong marks.

Arbitrary Marks

3. Suggestive marks these marks suggest

some attributes of the goods or services but
do not describe the goods or services
themselves. Suggestive marks are less
distinctive than fanciful or arbitrary marks but
can function as a mark.

Suggestive Marks

4. Descriptive marks these marks describe

the product or service or its characteristics
and, as such, they are not inherently
distinctive and cannot function as a mark.
However, sometimes descriptive words may
acquire distinctiveness or secondary meaning
through extensive use and advertising and
when the public understands that the word is
used as a trademark and not as a description
of the product or service.

Descriptive Marks

5. Generic marks these marks are marks

that actually name a product or service, hence,
not distinctive and cannot function as a mark.

Generic Marks

Black and White Mark

vs.
Color Mark

Black and White Mark

A registration for a mark in black and white
(i.e., without any claim of color) will provide maximum
rights and broader protection against all identical or
confusingly similar marks of any color. In using the
mark, the owner of the mark may adopt any
combination of colors and such use is sufficient to
maintain the registration of the mark.

Claim of Colors
A claim of colors to be used in the mark
may be made in the trademark application.
Registration of a mark with claim of colors
may limit the scope of protection to the specific
colors claimed. For example, it may be more
difficult to prove confusing similarity between a
registered mark in red and an infringing mark in
any other color compared to a registered mark
in black and white and an infringing mark in any
color.

When should color be claimed?

It is advisable for a mark to claim colors if its
color element is distinctive, e.g., the red color of the
Coca-Cola logo . This is to protect against the use by
a third party of a mark, even though not identical or
similar, but uses identical or very similar colors. In
this case, a finding of likelihood of confusion may be
possible. However, when a mark is registered with a
claim of color, use thereof in black and white is not
sufficient to maintain the registration.

Disclaimer Requirement

What is a disclaimer?
This is a component/ element of a mark over which
the applicant does not claim any exclusive right of use in
connection with the goods or services on which the mark,
as a whole, is used. In other words, any person may use
such component/ element of the mark for the same goods
or services. For example, in the mark San Miguel Beer
which is used on beer products, if the word-component
Beer is disclaimed, any person may use the word Beer
as part of a mark of a beer product also.

Why is a disclaimer required?

A component/ element of a mark may be
required to be disclaimed because such component
cannot function as a trademark and, therefore, cannot
be registered as such (see list above). A disclaimer is
required so that the applicant will be allowed to register
his entire mark which may contain such unregistrable
component/ element. Otherwise, he will be required to
delete the unregistrable components from the mark
before it will be allowed to proceed to registration.

When is a disclaimer usually required?

Usually, a component of a mark is required to be
disclaimed if it is generic or descriptive of the goods or
services where it is going to be used.
For example, the word Beer is generic for beer
products. Therefore, no person may exclusively use the
word Beer as his mark for his beer products. However, if
the word Beer is a component/ element of a mark such as
San Miguel Beer, where the words San Miguel are
registrable, then a disclaimer may be required of the word
Beer so that the entire San Miguel Beer mark may be
allowed to be registered.

What happens when a mark has a disclaimer?

Is it still protected?
Yes, even though a mark includes a disclaimed
component/ element, the applicant or registrant has the
exclusive right to use the entire mark as it appears on the
Certificate of Registration. Moreover, such disclaimer will not
affect the applicant or registrants right to the disclaimed
component/ element if later on such component/ element
becomes distinctive of his goods or services.
Despite such disclaimer, the entire mark is still
protected. The owner of the San Miguel Beer mark has the
exclusive right to use the entire mark. No other person may
use the entire mark without the consent of the owner.

What should I do if a disclaimer is required?

In disclaiming a component/ element of a mark it is important to take
note of the following:
1. If it is generic, disclaim. No other person has the right to use it
anyway;
2. If it has a descriptive component/ element, consider whether such
term or element may be argued to have acquired secondary meaning
in connection with the companys goods or services. If so, do not
disclaim. The owner of the mark may claim that his mark has
acquired secondary meaning by submitting proof of 5 years exclusive
and continuous use in commerce; and
3. If a component/ element may be suggestive of the goods or
services covered, argue that is suggestive and do not disclaim.

Trademark Registration Procedure

Trademark Search

When before filing a trademark application

Purposes:
1) To determine the availability of mark for registration
2) To serve as basis for amendments/changes in the
mark

Turn around time: 5-7 working days

PROTECTING
TRADEMARKS
Opposition and Cancellation
Proceedings

OPPOSITION PROCEEDINGS

Why - filed in order to oppose the registration of a pending

application that has been published in the Intellectual Property
Office Electronic Gazette involving a mark that is identical or
confusingly similar

Who opposition may be filed by any natural or juridical

person, who believes that he or she or it would be damaged by
the registration of a mark

How - by filing a written notice of opposition

When - Verified Notice of Opposition must be filed within thirty

(30) days from publication of the mark, subject to the filing of
motions for extensions (total period of 90 days from date of
publication)

Grounds for Opposition

*grounds available to owners of registered marks in the Philippines:
a. It 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, or
(ii) Closely related goods or services, or
(iii) If it nearly resembles such a mark as to be likely to deceive or cause
confusion.
b. It is identical with, or confusingly similar to, or constitutes a translation
of a mark considered well-known internationally, which is registered in
the Philippines with respect to goods or services which are not similar to
those with respect to which registration is applied for.

*ground available to owners of unregistered marks in the

Philippines:
c. It 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 internationally and 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.

When is a mark considered well-known?

In determining whether a mark is well-known, account shall
be taken of the knowledge of the relevant sector of the public,
including knowledge in the Philippines, which has been obtained as
a result of the promotion of the mark. Therefore, the Opposer must
be able to present adequate proof that his mark has been
extensively used not only in other countries but also in the
Philippines.
The criteria for determining whether a mark is well-known
or not is provided for in the Rules and Regulations on Trademarks,
Service Marks, Trade Names and Marked or Stamped Containers
(Trademark Regulations).

Criteria to determine if a mark is well-known:

The duration, extent and geographical area of any use of the mark, in
particular, the duration, extent and geographical area of any promotion
of the mark, including advertising or publicity and the presentation, at
fairs or exhibitions, of the goods and/or services to which the mark
applies;

The market share, in the Philippines and in other countries, of the

goods and/or services to which the mark applies;

The degree of the inherent or acquired distinction of the mark;

The quality-image or reputation acquired by the mark;

The extent to which the mark has been registered in the world;

The exclusivity of registration attained by the mark in world;

The extent to which the mark has been used in the world;

The exclusivity of use attained by the mark in the world;

The commercial value attributed to the mark in the world;

The record of successful protection of the rights in the mark;

The outcome of litigations dealing with the issue of whether the mark is
a well-known mark; and

The presence or absence of identical or similar marks validly registered

for or used on identical or similar goods or services and owned by
persons other than the person claiming that his mark is a well-known
mark.

CANCELLATION PROCEEDINGS

Why - filed in order to cancel the registration of a mark that has

been issued a Certificate of Registration

How - by filing a written petition for cancellation

Who a petition may be filed by any person, who believes that

he is or will be damaged by the registration of a mark

When time to file the Petition for Cancellation is based on the

ground to be used as basis

When to file Cancellation case

1. Within five (5) years from the date of registration of the mark sought to be
cancelled same grounds as those in an opposition case.
2. At any time if

The registered mark becomes the generic name for the goods or services,
or a portion thereof, for which it is registered; or
The registration was obtained fraudulently or contrary to the provisions of the
IP Code; or
The registered mark is being used by, or with the permission of, the
registrant so as to misrepresent the source of the goods or services on or in
connection with which the mark is used; or
The registered owner of the mark, without legitimate reason, fails to use the
mark within the Philippines, or to cause it to be used in the Philippines by
virtue of a license, during an uninterrupted period of three (3) years or
longer.

Evidence for Opposition/Cancellation Cases

Actual samples and/or pictures of products bearing the mark/s involved in the
dispute will establish actual use of the mark;

List of registrations and applications for mark/s involved in the dispute in the
Philippines and worldwide will show worldwide protection of the mark/s;

Certified copies of a sampling of registrations for the mark/s involved in the

dispute in various countries (by their respective country registrars);

Original copies of various catalogues and advertising/promotional materials

distributed in the Philippines and abroad, showing products bearing the mark/s
involved in the dispute; print outs of website postings and pages may also be
submitted.

Additional information and evidence regarding the extent of worldwide sales

and marketing/advertising activities of products bearing the mark/s involved in
the dispute;

Information regarding the sales volume, expenditures for advertising activities,

list of international publications where print ads featuring products bearing the
mark/s involved in the dispute appeared, and other relevant information showing
the extent of use of the mark/s will support your companys claim of preferential
right over the marks, and will show that the marks are internationally well-known.

Affidavit/s executed by your companys authorized officer/representative or any

relevant officer, which shall serve as the testimonial evidence in support of the
Verified Notice of Opposition.
[Note: The affidavit/s should include information regarding your companys
ownership over the mark/s involved in the dispute as well as a narrative on the
history, promotions, sales and other business activities regarding the said mark.]

Confusing similarity
MAGNOLIA QUICKMELT LABEL
DEESIGN mark

Opposed mark

SMPFC vs. Quickfoods International Corp

Opposition to the mark Quickmelt Original Specialty
Bakeshop Ensaymada Est. 1992 and Device
Grounds for opposition:

Magnolia Inc. is the true, lawful owner of the well-known MAGNOLIA

QUICKMELT Marks.

Quickfoods International Corp.s Quickmelt Ensaymada mark is

confusingly similar to SMPFCs well-known MAGNOLIA QUICKMELT
Marks, the registration of which will be in violation of the IP Code and
international treaties.

Quickfoods InternationL Corp.s use and appropriation of the

Quickmelt Ensaymada mark falsely suggests a connection between
it and SMPFC, thereby causing damage to SMPFC. and the public.

SMPFC vs. Quickfoods International Corp.

Evidence submitted:
Actual packaging labels of SMPFCs Magnolia Quickmelt cheese products
bearing the MAGNOLIA QUICKMELT Marks
Print outs bearing the details of Trademark Registration Nos. 4-2008-007631
and 4-2008-008659 appearing on the IPO on-line database
list showing the details of the worldwide registrations and pending applications
for SMPFCs MAGNOLIA QUICKMELT Marks
Pages from the 02 December 2010, 13 January 2011 and 10 February 2011 of
the Philippine Daily Inquirer with an advertisement for the MAGNOLIA
QUICKMELT product
Print-outs
of
the
relevant
web
pages
from
http://www.magnolia.com.ph/consumer-based.php
DVDs containing the numerous TV commercial advertisements for the Magnolia
Quickmelt cheese goods since the 1980s up to the present
copy of the 1976 Annual Report of San Miguel Corporation
Affidavit of Atty. Alexandra Bengson-Trillana
print out of the results of an internet search on Magnolia Quickmelt recipes
cookbook entitled In My Basket Cookbook by Lydia D. Castillo

Remedy if a registered trademark is used by

another Trademark Infringement

A trademark infringement case presupposes that the mark involved

is covered by an active registration with the IPO. The IP Code
expressly provides that an action for trademark infringement is filed
by the registrant or the owner of the registered mark.

Under the Intellectual Property Code (IP Code), the owner of a

registered mark has the exclusive right to prevent all third parties
not having the owners consent from using in the course of trade
identical or similar signs or containers for identical goods or
services which are identical with or similar to those in respect of
which the trademark is registered where such use would result in a
likelihood of confusion.

Elements of Trademark Infringement

The trademark being infringed is registered with the IPO;

The trademark is copied by the infringer;

The infringing mark is used in the sale or offering for sale of any goods;

The use is likely to cause confusion as to the origin of such goods; and

The use of the infringing mark is without the consent of the trademark
owner.
The essential element in an action for trademark infringement is the
likelihood of confusion on the part of the purchasing public resulting
from the colorable imitation of the registered trademark.

Remedy if an unregistered trademark is

used by another Unfair Competition

Unfair Competition involves the passing-off of ones goods for

those of a competitor. Passing-off takes place where the offender,
by imitative devices on the general appearance of the goods,
misleads prospective purchasers into buying his merchandise
under the impression that they are buying those of his competitors.

In a case for unfair competition, it must be proven that your

company has established its goodwill and reputation in the
Philippines through the sale of their products, which are identified
by the general appearance of the goods, including their registered
marks.

Elements of Unfair Competition

The offender gives his goods the general appearance of the

goods of another manufacturer;

There is confusing similarity in the appearance of the goods;

and

There is intent to deceive the public and defraud a

competitor.

McDonalds Corporation vs. L.C. Big Mak

Burger, Inc.

MAINTAINING TRADEMARK
REGISTRATIONS
Filing of Declarations of Actual Use (DAUs)

Maintenance Requirements: 2 Types of DAUs

Three-Year DAU

5th Anniversary DAU

within three years from the date of

filing, regardless of whether or not
the application has matured into
registration

within one year from the fifth

anniversary of the date of
registration of the mark.

A single extension of time of six (6)

months counted from the DAU
deadline within which to use the
mark and file the requisite DAU is
allowed.

non-nextendible

Failure to file - the application shall

be refused or the mark shall be
removed from the register, as the
case may be.

Failure to file - the mark shall be

subject to cancellation and will be
removed from the register of
trademarks

Information required for DAUs:

Exact date (i.e., month, day, and year) when the subject mark
was first used in the Philippines

Names and addresses of commercial establishments where the

goods bearing the mark are being sold or made available to
Philippine consumers

Must be accompanied by evidence of use

Acceptable Evidence of Use

Empty wrappers or packaging or labels actually used, on which the

subject mark is printed or shown.

Photographs of the stamped or marked container or label visibly

and legibly showing the mark as actually used.

Brochures, pamphlets, stationery, letterheads, envelopes,

advertising materials or other material evidencing use of the mark in
the Philippines or photocopies thereof.

Downloaded pages from the website of the applicant or registrant

clearly showing that the goods are being sold in the Philippines.

** In case the goods or services are available only by online purchase, the web
address must be indicated in lieu of the name/address of the establishment or
outlet.

FOREIGN REGISTRATION

Why should you register trademarks in other

countries?
Trademark protection is territorial. The trademark protection granted
by registration with the IPO protects your mark only in the Philippines.
In order to protect your trademarks outside the country, you will need
to register your marks in the countries where you want protection.

Some countries have created unions that allow for a single

registration which covers several countries, such as the Community
Trademark of the European Union and registration with the African
Regional Intellectual Property Organization (ARIPO).

Community Trade MarkEuropean Union

Office for Harmonization in the Internal Market (OHIM)

Member States (27):

Austria, Belgium, Bulgaria, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherland, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden, United
Kingdom.

African Regional Intellectual Property

Organization (ARIPO)
Member States (18):
Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia,
Malawi, Mozambique, Namibia, Rwanda, Sierra
Leone, Somalia, Sudan, Swaziland, Tanzania,
Uganda, Zambia, Zimbabwe

Andean Community
Member States (5):

Bolivia
Columbia
Ecuador
Peru
Venezuela

Claim of Priority
The earliest Philippine trademark application may
be used to claim priority right for trademark applications
in other countries, provided that the foreign application
is filed within six (6) months from the date the earliest
Philippine application was filed. This means that the
date of filing of the Philippine application will be
considered the date of filing in the foreign country.
In like manner, the earliest foreign trademark
application may also be used to claim priority right for
Philippine trademark applications.

Trademark Requirements
(Foreign)

Approximate Cost of Trademark Registration

in the Philippines
Approximate total cost of a non-contentious
application up to registration: PhP47,00.00 (legal fees
and government fees)
Covers the following services:
Filing of trade mark application and Power of Attorney
Preparing and filing of Declaration of Actual Use
Payment of publication fees
Payment of issuance fees
Securing the Certificate of Registration

LICENSING TRADEMARKS
Technology Transfers and
Voluntary Licensing

Definition of Technology Transfer

Technology Transfer Arrangement refers to
contracts or agreements, including renewals thereof,
involving the transfer of systematic knowledge for the
manufacture of a product, the application of a process,
or rendering of a service including management
contracts; and the transfer, assignment or licensing of
all forms of intellectual property rights, including
licensing of computer software except computer
software developed for mass market.

Why does the TTA need to be registered with

the IPO?
In order to be enforceable against third parties,
the TTA or Trademark License Agreement (LA) must be
recorded with the Documentation, Information, and
Technology Transfer Bureau (DITTB) of the IPO. A TTA
or License Agreement shall have no effect against third
parties until such recording is effected.
The IPO is required to keep the contents of a
TTA or TLA confidential but shall record it and publish a
reference thereto.

Contents of a TTA / TLA

The IP Code provides an enumeration of prohibited clauses

that are deemed prima facie to have an adverse effect on
competition and trade, as well as an enumeration of
mandatory provisions that shall be included in voluntary
license contracts.

For trademark license contracts, it is necessary that it

provides for effective control by the licensor of the quality of
the goods or services of the licensee in connection with
which the mark is used. If the license contract does not
provide for such quality control, or if such quality control is
not effectively carried out, the license contract shall not be
valid.

COPYRIGHT
and
DOMAIN NAMES

What is a Copyright?

A property right that authors have in

relation to their works. It is a right to stop
others from copying or utilizing their works
without permission for a limited number of
years.

Copyright and Other Related Rights

Intellectual Property Code
of the Philippines
(Republic Act 8293; 01 January 1998)

Strikes a balance between the creators

property rights over his work and the benefits
derived by society from the same work

Bundle of Economic Rights

Reproduction

rights
Dramatization/translation/adaptation
rights
Distribution rights
Rental rights
Public display rights
Public performance rights

Subjects of Copyright Protection

Original

literary and artistic works

Derivative

works

Typographical

arrangements

Subjects of Copyright Protection

Not copyrightable (175 & 176, IP Code):
1) Idea, procedure, method,
operation,
principle, discovery, or
mere data as such
2) News matters constituting press
information
3) Official government texts and
writings

Copyright Ownership

General rule: Author/creator of work

Joint authorship Rules on co-ownership govern

Employer-Employee Relationship:
1. If part of regularly-assigned duties Employer
2. If not part of regularly-assigned duties Employee

Commissioned work: Author/creator of work

Audio-visual work: Producer, composer, writer, author

Term of Protection

Generally, lifetime

of the author/creator plus fifty

(50) years.
Thereafter,

work belongs to the public domain

(free for all).

Moral Rights
Scope:
1. Attribution right
2. Right to make alterations of his work
3. Right to object to any distortion, mutilation which
would affect his honor and reputation
4. Right to restrain use of his name with respect to
any work not his own creation or in a distorted
version of his work

Copyright Registration
Copyright

vests from the moment of creation

(172.1, IP Code).

Work,

to be deposited with The National Library.

- 2 original sets of works
- Application form
- Payment of prescribed fees

Intellectual

Property Office

Copyright Registration
Purefoods Chunkee Corned Beef TVC

Copyright Registration
Unilever v. Court of Appeals & P&G (2006)

Domain Names
Different from trademarks, but protectible as
trademarks
Registry: dotPh Domain Name Registry (for
gTLDs and ccTLDs ending in .ph)
Term of protection depends on the amount of fees
paid (generally, at least 2 years)

Optical Media Act

(Republic Act No. 9239)

Enacted into law on 02 March 2004.

Implementing agency: Optical Media Board (OMB)

Optical Media Act

(Republic Act No. 9239)
Optical

Media (elements):
1. A storage medium/device
2. Contains information (sounds/images) or
software code stored by mastering or
replication
3. Accessible through a lens scanning
mechanism (ex: laser)

Optical Media Act

(Republic Act No. 9239)
License

requirement
- Valid for 3 years

Source

Identification Code (SID Code)

- A system of codes used to identify the
source of all optical media
- OMB prescribes the SID Codes for all
licensed/registered persons & entities

PATENTS
Inventions, Utility Models and
Industrial Designs

Inventions that you may consider having

registered as a patent:
a. machine;
b. product; or
c. process.

83

84

US Patent No. 5971829

Rotating Ice Cream Cone

Alarm Fork
85

snake walker/leash
TV control device
86

87

88

Process for Preparing a Canned Food Product by the

Addition thereto of a Water Soluble Alginate (
US3257214)
Process for Producing a Freeze-Thaw Stable
Microwaveable Pre-Fried Foodstuff (US4778684)
Cheese Sauce which is shelfstable, has good mouth
feel and has superior tolerance to heat (US4568555
by Nabisco Brands, Inc.)

89

SMC registrations
A method for
sterilizing buko
water (aseptic)

90

SMC Registrations

A method of
processing all
purpose cream

SMC registrations

Closure Feeding
System

92

Why you should seek patent protection:

a)

You are allowed to have a monopoly

over your invention;

b) You can earn more by licensing or leasing

your patent rights to others.

93

Basic requirements for registration:

a) The invention is not yet made known to the
public or consumers in any part of the
world;
b) The inventor exercised the required skill or
ability to make the invention
c) The invention can be produced and used.

94

Why you should seek patent registration even

if the registration will expire after 20 years

If there is a possibility that your invention

can be discovered by competitors, it is better to
prevent them from using the invention for 20
years through patent protection.

95

How can patents be useful even if you do

not have any invention of your own?
a)

You can use expired patents for free;

b)

You can study existing or expired patents

as a guide to make your own inventions;

c) You can study your competitors patents

to know their products and anticipate their actions;

96

How can patents be useful even if you do

not have any invention of your own?
d) You can study existing patents before using
new technology to avoid committing patent
infringement; and
e) You can look for inventions that you may
want to license or rent.

97

Almost the same as a Patentable Invention except that

it requires lesser skill or ability to invent:
a) The invention is not yet made known to the
public or consumers in any part of the world;
b) The inventor exercised the required skill or ability to
make the invention
c) The invention can be produced and used.

98

SMC Utility Model Registrations

Liner for Bottle Crowns

Bottle Crown
with PVC liner
99

Basic requirements to register an industrial design:

a) The industrial design is not yet made known to the
public or consumers in any part of the world;
b) Involves decoration / appearance / ornamental
feature such as shapes, lines, colors, 3-D form;
c) The industrial design is for a product
d) The design is not dependent on functional
considerations
100

101

SMC Industrial Design Registrations

Bottle Design

Bottle Crate
102

Thank you!

103