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A comprehensive profusely illustrated guide to more than 1,500 trademarks from all over the world. The trademark designs in this volume are based on symbolical designs.
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Philippine Administrative Law Reviewer A2015 Carlota UP College of Law
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Descrição: A comprehensive profusely illustrated guide to more than 1,500 trademarks from all over the world. The trademark designs in this volume are based on symbolical designs.
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PART FOUR: The Law on Trademarks, Service Marks and Trade Names
I.
Defnitions; Principles •
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Mark Mark – is any visib visible le sign sign capabl capable e o dis distin tingu guish ishing ing the goods goods (trademark or services (service mark o an enterprise and shall include a stamped or marked container o goods. (Sec. 121.1, IPC) Mark could be a !ord mark (the use o the name o a person" or any anc anci iul ul or arbi arbitr trar ary y !or !ord" d" comp compos osit ite e mark mark (con (consi sist stin ing g o a combination o a !ord or letter and a device" device mark (!hich may be a geometrical fgure" fgure" a styli#ed rendering o the alphabet or a representation o any ob$ect. Marks may be creatively designed or coined. %ollective mark & means any visible sign designated as such in the application or registration and capable o distinguishing the origin or any other common characteristic" including the 'uality o goods or services o dierent enterprises !hich use the sign under the control o the registered o!ner o the collective mark. (Sec.121.2,IPC) )rade )rade name is the name or designation identiying identiying or distinguishing an enterprise. enterprise. (Sec. (Sec. 121.333, 121.333, IPC) * trade trade name name ree reers rs to to the the business and its good!ill; a trademark reers to the goods. (Canon Kabushiki Kabushiki Kaisha vs. CA, G.R. No. 120900, u!" 20, 2000) +ld defnition o Marks & * trademark has been generally defned as ,any ,any !or !ord" name name"" symb symbol ol or devi device ce adop adopte ted d and and us used ed by a manuactu manuacturer rer or merchant merchant to identi identiy y his goods goods and distingu distinguish ish them rom those manuactured and sold by others. (Socie#e $es P%o$ui#s vs. CA, G.R. No. 112012, A&%i! ', 2001) -unctions o a trademark & ( they indicate origin or o!nership o the articles to !hich they are attached; (/ they guarantee that those articles come up to a certain standard standard o 'uality; and (0 they advertise advertise the articles articles they symboli# symboli#e. e. (i%&u%i vs. CA, G.R. No. 11'0*, Nov. 19, 1999). 1999) . )he rights rights in in a mark shall shall be be ac'uire ac'uired d through through regis registrati tration on made made validly in accordance !ith the provisions o the la!. (Sec. 122, IPC) )he right to register trademarks" tradenames and service marks by any person" corporation" partnership or association domiciled in the Philippines or in any oreign country" is based on o!nership" and the burden is upon the applicant to prove such o!nership. (a%ve+ Coe%cia! Co., Inc. v. Pe#%a -a&ia / Co., e# a!., 129, 4ec. 22, 192) 1here 1here the applicant applicant !as !as not the o!ner o!ner o the trademar trademark k
being applied or" he had no right to apply or registration o the same. )he right to register trademarks" tradenames and service marks is based on o!nership. (5&e%a#o%s Inc. vs. 4i%ec#o% o6 Pa#ens#, 1901, 5c#. 29, 19) •
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2o!ever" registration is not a mode o ac'uiring o!nership. 1hen the applicant is not the o!ner o the trademark being applied or" he has no right to apply or registration o the same. 3egistration merely creates a &%ia 6acie presumption o the validity o the registration" o the registrant4s o!nership o the trademark and o the e5clusive right to the use thereo. 6uch presumption" $ust like the presumptive regularity in the perormance o o7cial unctions" is rebuttable and must give !ay to evidence to the contrary. (Shan7%i!a In#8! -o#e! vs. 4GC, G.R. No. 1993*, a%ch 31, 200) 6uch that" a certifcate o registration o a mark shall be prima acie evidence o the validity o the registration" the registrant4s o!nership o the mark" and o the registrant4s e5clusive right to use the same in connection !ith the goods or services and those that are related thereto specifed in the certifcate. (Sec. 13*, IPC) +!nership o a mark or trade name may be ac'uired not necessarily by registration but by adoption and use in trade or commerce. *s bet!een actual use o a mark !ithout registration" and registration o the mark !ithout actual use thereo" the ormer prevails over the latter. -or a rule !idely accepted and frmly entrenched" because it has come do!n through the years" is that actual use in commerce or business is a pre&re'uisite to the ac'uisition o the right o o!nership. (e%a!$ Ga%en#s 67. Co%&. v. Cou%# o6 A&&ea!s, G.R. No. 10009*, 4ecebe% 29, 199, 21 SCRA 00: S#e%!in7 P%o$uc#s In#e%na#iona!, Inc. v. ;a%ben6ab%iken nno vs. Gene%a! i!!in7, G.R. No. 2*', ;eb. 2*, 19*3) )rademark vs. tradename – Marks are protected upon registration !hile trade name may be protected even !ithout registration. (Sec. 1, IPC) )hus" any subse'uent use o the trade name by a third party" !hether as a trade name or a mark or collective mark"