Trademarks
means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped.or marked container of goods
Mark
means any visible sign designated as such an application of registration and capable of distinguishing the origin or any other common characteristic
collective mark
The name or designation identifying or distinguishing an enterprise
trade name
The rights in a mark shall be acquired through
registration
it denotes such a close or ingenious imitation has to be calculated to deceive ordinary persons .....
colorable imitation
are those which constitute the common descriptive name of an article or substance
generic terms
is forthwith conveys the characteristic functions qualities or ingredients of a product to one who has never seen it and does not know what it is
descriptive term s
those which in the phraseology of 1 court require imagination thought and perception to each conclusion as to the nature of the goods
suggestive terms
a word or phrase originally incapable of exclusive appropriation with reference to an article in the market because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively everyone producer
doctrine of secondary meaning
The certificate of registration of a mark shall be__
prima facie evidence
it is a local application of a trademark when an earlier application is filed abroad
priority claim
the rights to a trademark or the duration of protection and rights to trademark shall be
10 years from registration
The rights to attrain mark in a certificate of registration may be renewed for periods of
10 years
a declaration of actual use shall be filed within___ from filing date of application
another declaration of actual use within ___ from the 5th anniversary of the registration
and within ___from the date of renewal of a trademark registration
3 years
1 year
1 year
The exclusive right of the owner of a well-known mark which is registered in the Philippines shall extend to goods and services which are not similar to those and respect of which the mark is registered
theory of dilution
cancellation of registration general rule. from the date of the registration of the mark is within___
5 years
any person who shall without the consent of the owner of the registered mark using commerce in a reproduction... reproduce counterfeit copy or collorable imitate
trademark infringement
it considers the entirety of the marks in question
holistic or totality test
focus on prevalent or dominant features
dominancy test
penalty for unfair competition
imprisonment of 2-5 years
fine payment of 50,000 to 200,000
trademark infringement and unfair competition
trademark infringement
-registration of the mark is a prerequisite
-no fraudulent intent is required
-likelihood of confusion
unfair competition
-no registration needed
-fraudulent intent is necessary
- sale is required
-passing-off element
it is broader than trademark infringement and includes passing of goods with or without trademark infringement
unfair competition
a form of unfair competition
trademark infringement