WHAT CAN BE REGISTERED AND CANNOT BE

REGISTERED?
What can be registered?
- Any visible mark that is distinct
o There is no qualification of what can be
registered
o Any visible mark that is capable of
distinguishing goods and services can be
registered
Non-registrable marks [Sec. 123.1]
1. Consists of immoral, deceptive, or
scandalous matter, or matter which may disparage
or falsely suggest a connection with persons, living
or dead, institutions, beliefs, or national symbols,
or bring them into contempt or disrepute;
2. Is contrary to public order or morality;
3. Is likely to mislead the public, particularly
as to the nature, quality, characteristics or
geographical origin of the goods or services
4. Consists of the flag or coat of arms or
other insignia of the PH or any of its political
subdivisions, or of any foreign nation, or any
simulation thereof;
o Example: the logo of the City of
Baguio cannot be used and registered
because no one owns it
5. Consists of a name, portrait or signature
identifying a particular living individual except by
his written consent, or the name, signature, or
portrait of a deceased President of the PH, during
the life of his widow, if any, except by written
consent of the widow;
o Example: the use of the fact of a K-pop
artist cannot be used as a trademark

o Example: Y plans to sell banks and

uses her name as a trademark. It can be
registered because Y is giving her consent
§ But if it is the name of a
basketball player, you cannot
attach their name
6. Consists exclusively of signs that are
generic for the goods or services that they seek to
identify;
o Generic terms cannot be used as a
trademark because it is not distinct
o If it is not generic, such as, it identifies
a property, it cannot be used to identify
water
7. 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;
o Example: you cannot register sari-sari
store on its own no one can own it, no one
can claim it because it is used to designate
a small retail store
o If you are going to use a trademark, it
is always in conjunction with something
else
§ Example: Aling Yasmine’s
Sari-Sari Store