QUESTION NO.

Dear Sirs,

Thank you for your email below and for entrusting our firm to be the agent for filing
trademark applications for your proposed marks.

We note that you wish sell your latest drug in the Philippines that the applicant
developed for treatment for spinal cord injuries caused by severe trauma to the lumbar
region under the proposed name of “AXOGENIC-RX”. We advise that once this mark is
applied for trademark registration in the Philippines, the examiner might opine that the
name is both customary and descriptive of the goods the mark is used upon
examination. The examiner may find out the term “AXOGENIC” is derived from the word
axogenesis which means “creation of axons”. As you may aware, axons or nerve fibers
are long slender projection of neuron (nerve cell) that conducts electrical impulses away
from the neuron’s cell body or soma (from www.sciencedaily.com). Trauma in the
lumbar area of the spinal cord causes nerve fiber damage in the said area thus, impulse
transmission will be disrupted. This cause loss of movement, loss or altered sensation,
including the ability to feel heat, cold and touch, exaggerated reflex activities or spasms,
changes in sexual function, sexual sensitivity and fertility, and pain or an intense
stinging sensation caused by damage to the nerve fibers in your spinal cord (from
www.mayoclinic.org). Given the foregoing, the AXOGENIC term may be considered by
the examiner as descriptive given the aforementioned. To quote from IP Code Sec.
123.1j

“A mark cannot be registered if it:…(j) Consists exclusively of signs or of

indications that may serve trade to designate the kind, quality, quantity, intended
purpose, value, geographical origin, time or production of goods or rendering of
the services, or other characteristics of the goods or services…:”

Further, the term RX may also raise issue on registration upon examination as it is a
customary symbol in medicine which means “medical prescription/prescription only”. To
quote from IP Code Sec 123.1i
 “A mark cannot be registered if it:…(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…”

We advise that we can still registered AXOGENIC-RX but it must be associated with a
symbol or device to add distinctiveness, and disclaim the words “AXOGENIC” and “RX”
due to the abovementioned reasons. If the same cannot be applied, we advise the
change the name of the drug before filing.

We also note in your email that you also wish to sell pills for reduction of the affect effect
symptoms of heart attack under the name “CardiaLife” and register the aforementioned
mark before June 2021. As such, we advise that CardiaLife is also descriptive of the
goods the mark is being used as the AXOGENIC-RX, therefore, not registrable under
Philippine law (IP Code Sec. 123.1j). Same advice from AXOGENIC-RX applies to
CardiaLife with this case.

Lastly, to guide you in please refer below on the trademarks that are registrable under
Philippine Law:

1. Suggestive Marks – These marks register words that imply qualities of a product
without necessarily relating to it in a literal sense. Imagination from the
consumer's end is a primary consideration in classifying a mark as suggestive.
Ex. LICEALIZ for medicated shampoo for removal of head lice. The mark is
derived from LICE which the shampoo used against and Tagalog word ALIS
which means “to go away”:
2. Arbitrary Marks – These marks pull words or phrases from the vernacular.
However, these words should be entirely unrelated to the products they signify.
Ex. FISHERMAN’S FRIEND for medicated lozenges
3. Fanciful Marks - This kind of trademark is the easiest one to register. It only
requires a new word that does not presently hold any meaning to the general
public.
Ex. ADVIL for analgesic preparation
We hope we have the foregoing in order. We shall wait for your final instructions for this
matter soonest.