The Intellectual Property Code of the Philippines (R.

A
8293) established a separate Bureau of Trademarks
under the Intellectual Property Office with the following
functions:

1. Search and examination of the applications for the

registration of marks, geographic indications and other
marks of the ownership and the issuance of the
certificates of registration; and
2. Conduct studies and researches in the field of
trademarks in order to assist the Director General in
formulating policies an the administration and
registration of trademarks.

TRADEMARK- it includes any distinctive mark, name,

symbol, amblem, sign or device, or any combination
thereof, adopted and used by a manufacturer or
merchants on his goods to identify and distinguish them
from those manufactured, sold or dealt in by others.
Examples: Frigidaire, Sony, National, GE.
TRADENAME- it includes individual names, and surnames,
firm names, device or words used by manufacturers,
industrialists, agriculturist, merchants and others to
identify their business, vocations or occupations; the
names or titles ar lawfully adopted and used by natural or
juridical persons, unions, and any manufacturing,
industrial, commercial, agricultural, or other organization
engaged in trade or commerce.
Examples: San Miguel Corp.,Manila Electric Co., La Suerte
Cigar and Cigarette Factory, Radio Wealth, Inc.
SERVICE MARK- a mark used in the sale or advertising of
service to identify the services of one firm and to
distinguish them from the services of others and includes
without limitation the marks, names, symbols, titles,
designations, slogans, character names and distinctive
features of radio and other advertising.
Example: Mercury Drug- "Nakakasiguro Gamot ay Laging
Bago“
COLLECTIVE TRADEMARK OR COLLECTIVE
TRADENAME - it is used by the members of a
cooperative, or association or other collective group or
organization.
Exapmples: Knights of Columbus, YMCA,Lions International.
REGISTRABILITY - a mark cannot be registered if it :

a. Consist 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;
b. Consists of the flag or coat of arms or other
insignia of the Philippines.
c. Consist of a name, portrait or signature identifying
a particular living individual except by his written
consent.
d. Is identical with a registered mark belonging to a
different proprietor.
1. The same goods or services, or
2. Closely related goods or services, or
3. If it nearly resembles such as mark as to be
likely to deceive or cause confusion.
e. Is identical with, or confusingly similar to, or
constitutes a translation of a mark which is
considered by the competent authority of the
Philippines to be well-known internationally and in
the Philippines.
f. Is identical with, or confusingly similar to, or
constitutes a translation of a mark considered well-
known in accordance with the preceding paragraph,
which is registered in the Philippines with respect
to goods or services are not similar to those with
respect to which registration is applied for.
g. Is likely to mislead the public, particularly as to the
nature, quality, characteristics or geographical
origin of the goods and services.
h. Consists exclusively of signs that are generic for
the goods or services that they seek to identify.
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;
j. consist exclusively of signs or of
indications that may serve in trade to
designate the kind, quality, quantity,
intended purpose, value, geographical
origin, time, deduction of the goods or
rendering of services, or other
characteristics of the goods or services.
k. Consisted of shapes that may be
necessitated by technical factors or by the
nature of the goods themselves or factors
that affect their intrinsic value;
l. Consist of color alone, unless defined by a
given form; or
m. Is contrary to the public order or
morality.
 How Marks are Required.
 International Conventions and
Reciprocity.
 Priority Right; Basis for Claiming
Priority Right.
 Declaration of Actual Use.
 The Applicant
 Assigned Marks
 Representation; Address for Service
 Requirements of the Application - All applications
must be addressed to the Director and shall be in
Filipino or English and shall contain the following:

 a. a request for registration

 b. the name and address of the applicant;
 c. the name of a State of which the applicant is a
national or where he has domicile; and the name of
a State in which the applicant has a real and
effective industrial or commercial establishment if
any;
 d. where the applicant is the juridical entity, the law
under which it is organize and existing;
 e. the appointment of an agent representative, if
the applicant is not domiciled in the Philippines;
 f. where the applicant claims the priority of an earlier
application, a declaration claiming the priority if the
earlier application, together with an indication of:
- the name of the State with whose national Office the
earlier application was file or if filed with an Office other
than national Office, the name of that Office;
-the date on which the earlier application was filed; and
-where available, the application number of the earlier
application;
 g. where the applicant wishes to claim color as a
distinctive feature of the mark, a statement to that
effect as well as the name or names of the color or
colors claimed and an indication, in respect of each
color, of the principal parts of the mark which are in that
color.
 h. where a mark is a three-dimensional mark , a
statement to that effect;
 i. a reproduction of the mark and facsimiles thereof as
provided in these Regulations;
 j. a transliteration or translation of the
markor of some parts of the mark, as
prescribed in these Regulations.
 k. the names of the goods or services for
which the registration is sought, grouped
according to the classes of the Nice
Classification, together with the number of
the class of the said classification to which
each group of goods or services belongs;
 l. where the application is for a collective
mark, a designation to that effect.

EFFECT AND NOTICE OF REGISTRATION

 Rights Conferred
 Duration
Request for Renewal- a certificate of Registration
maybe renewed for the periods of ten (10) years at
its expiration upon payment of the prescribed fee
and upon filing of the request. The request shall
contain the following:

 a. an indication that the renewal is sought;

 b. the name and address of the registrant or his
successor-in-interest, hereafter referred to as the
"right holder"
 c. the registration number of the registration
concerned;
 d. the filing date of the application which resulted
in the registration concerned to be renewed.
 e. where the right holder has a representative , the
name and address of that representative.
 f . the name s of the recorded goods or
services for which the renewal is
requested or the names of the recorded
goods and services for which the renewal
is not requested, grouped according to
the classes of the Nice Classification to
which that group of goods or services
belongs and presented in the order of the
classes of the said Classifications; and
 g. A signature by the right holder or his
representative.
 h. In case there has been material
variation in the manner of display, five (5)
sets of the new labels must be submitted
with the application.
 Rule or registration of trademarks and
service marks to apply.
 Stamped or marked container defined.
 No drawing required.
 No labels required; Sample may be
required.
 Nature of the function of the
Examiners. The functions of determining
whether or not an application for
registration or renewal thereof should be
allowed or denied under the facts
disclosed in the application and in the
references consulted by the Examiner and
under the applicable law (statutory and
decisional), is a quasi-judicial function and
involves the exercise of judicial discretion.
 a. to the manufacturer or businessman
-advertising and promotion
 b. to the retailer or distributor
-customer preference
-less slow moving stocks
-less sales effort would be required
 c.to the buying public
-already had a particular trademark in
mind
UNFAIR COMPETITION
Section 29 of Republic Act No. 166
specifies instances where unfair
competition is occur.
INFRINGEMENT
Infringement refers to the use of the
trademark without the authority of the
owner of the trademark. It also refers
to counterfeiting, imitation, copying, or
colorable imitation of a trademark.
 The owner of a registered trademark may file a
court suit against any person who copies or
imitates his trademark. The court may take any or
all of the following courses of action.
1. Issue an injunction enjoining the infringer from
continuing to imitate the trademark. The injunction
may be either preliminary or final. A preliminary
injunction is granted before final judgment is
rendered by the court. A final injunction, on the
other hand, is included in the judgment rendered
by the court as the relief, or part of the relief
granted.
2. Order the infringer to pay damages to the owner of
the trademark. The damages maybe based on how
much profits the trademark owner would have
made if the infringer had not infringed his rights or
on how much profits the infringer had actually
made out of the infringement.