REPUBLIC OF THE PHILIPPINES

INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES

BUREAU OF TRADEMARKS
14/F Intellectual Property Center
No. 28 Upper McKinley Road
McKinley Hill Town Center
Fort Bonifacio, Taguig City

Bureau of Trademarks

To the Director of Trademarks:

Re: Trademark Application in the Philippines

Applicant : . LOS
Application No. : 4
1
Trademark : G
MIX
Class : 30
Examiner :

RESPONSIVE ACTION

Applicant, appearing pro se, unto this Honorable Office, respectfully states:

1. On 1 July 2021, the Applicant received via email an Office Action

(Document No: denominated as a Subsequent Action) from this Honorable Office.

3. In the Subsequent Action, the Examiner assigned to vet this

application noted that the Applicant must likewise disclaim “MIX.”

4. The Applicant disclaims the composite “X” as separate words and as

composite.

5. However, the Applicant does not disclaim the composite “NG” as the
same is a brand name with good will belonging to the Applicant who has used the
brand since 2017. The Applicant is the owner of istered in the name of the
Applicant.

6. It must be pointed out that Applicant has previously filed for

application of 2018. It is unfortunate, however, that the Applicant was not able to
follow through the registration of the mark in 2018 being that being preoccupied
with work and, more importantly, was immediately followed by an unforeseen
tragedy which required Applicant to go through two back-to-back major eye
surgeries resulting to the loss of Applicant’s one eye.

7. Now that the Applicant’s wife has time to focus on the business which
had and continues to utilize the mark “NG,” the Applicant has full intention to
seeing through the registration of the mark.
 2

8. This shows that Applicant has been using the mark for quite some
time so that the purchasing public has identified “SEASONING” as a product of
the Applicant. In fact, the Facebook URL of Applicant’s GINGER G is “a unique
and exclusive status shared only by a very few internationally well-known brands
such as NIKE (www.facebook.com/NIKE) and Coca-Cola
(www.facebook.com/Coca-cola). That is, none of GINGER SEASONING’s
competitors, if any, has risen to such status. Such unique status is so exclusive
that even internationally known local brands (not related to food or seasoning)
do not have such Facebook URL for their brands.

9. Thus, even assuming arguendo that SENING is descriptive, it has

become distinctive in favor of Applicant by virtue of its extensive, continued and
popular use since 2016, and has acquired secondary meaning in accordance of
Section 123.2 of the Intellectual Property Code.

1o. Section 123.2 of the Intellectual Property Code states that—

“123.2. As regards signs or devices mentioned in

paragraphs (j), (k), and (l), nothing shall prevent the
registration of any such sign or device which has
become distinctive in relation to the goods for which
registration is requested as a result of the use that have
been made of it in commerce in the Philippines.”

11. Pursuant to the Doctrine of Secondary Meaning, GINGER

SEASONING, being so known to the public and distinctive of the applicant’s
goods in commerce that in the mind of the public, indicates a single source to
consumers. This is evident by the fact that Filipinos, who are known to be
engaged heavily in social media, primarily.”

12. As shown by all the foregoing, the present application is compliant

with Section 123 of the Intellectual Property Code of the Philippines. Thusly,
there is no legal impediment to its registration in due course.

WHEREFORE, premises considered, it is respectfully prayed for that the

trademark registration of the instant mark be allowed.

Other just and equitable reliefs are likewise prayed for.

Quezon City for Taguig City. 1 July 2021

By:

2021/ Quezon City

MCLE Compliance No013130