Intellectual Property Law (RA 8291 as amended by RA Requisites:

10372) 1. Indicate a connection

2. Interests of the owner are likely to be damaged

Not included in the rights:

Right to preclude 3rd parties from using bona fide their

names, addresses, pseudonyms, a geographical name,
Marks which cannot be registered: or exact indications

Kinds of Terms:
1. Generic Terms: not legally protectable
2. Descriptive Terms: invalid as a trademark
3. Suggestive Terms: eligible for protection

Certificates of Registration:
 Validity
 Ownership
 Exclusive right to use

Priority Claim:
Certified
Priority Priority Copy of
Application Claim Priority
Application

Within Within
6 3
months months

Duration of Protection and Rights: 10 years from

registration

Renewal:
 For periods of 10 years
 Within 6 months prior expiration + Prescribed Fee
 Within 6 months after exploration + Additional Fee

Declaration of Actual Use:

 3 years from filing date of application
+ 6 months extension
 1 year from the 5th anniversary of the registration
 1 year from date of renewal

Effect of non-compliance: Abandonment / Cancellation

RIGHTS CONFERRED

Exclusive right to prevent all third parties not having the

owner’s consent from using identical sign for identical
goods or services.

Well-known mark (Theory of dilution): Extends to

goods and services not similar those registered.