Registrable Marks and Trade-Names
- Trade-marks, trade-names, and service-marks may be registered under this Act.
Application Requirements for Non-Residents
- Non-resident applicants must appoint a local agent in the Philippines for service of notice or process.
- Failure to maintain an agent results in service on the Director being sufficient.
Grounds for Registration and Exclusions
- Registration is granted to marks used to distinguish goods, services, or businesses.
- Exclusions include immoral, deceptive, scandalous matter; use of national flags or insignia; unauthorized use of personal names or portraits; confusingly similar marks; and marks that are merely descriptive or geographic.
- Marks that have become distinctive through continuous use for five years may be registered despite exclusions.
Application Contents and Formalities
- Must be in English, Spanish, or the national language with English translation.
- Requires sworn statement of domicile, citizenship, first use dates, goods or services involved, and ownership claims.
- Power of attorney and local agent appointment if applicable.
- Accompanied by specimens of the mark and required fees.
Classification of Goods and Services
- The Director shall establish classifications for administration.
- Applicants may register marks in one or multiple classes with appropriate fees.
Examination, Publication, and Amendment Procedure
- Director examines applications and publishes approved marks in the Official Gazette.
- Applicant given three months to reply or amend if rejected.
- Application abandonment rules and revival procedures are established.
Opposition to Registration
- Interested parties may file a verified written opposition within 30 days after publication.
- Grounds and supporting documents must be specified.
- Possible extension of opposition period with additional fee.
Notice and Hearings on Opposition
- Director must notify applicant, oppositor, and interested parties of hearing dates.
Issuance of Registration Certificates
- Certificates issued after opposition period or denial of opposition.
- Notice of issuance published in the Official Gazette.
Contents of Registration Certificate
- Certificate issued under Philippine seal, signed by Director.
- Includes specimen, ownership details, registration dates, goods/services, and affidavit requirements.
Duration and Maintenance of Registration
- Valid for 20 years with requirement to file affidavits of continued use at 5, 10, and 15 years.
- Non-use excused only for special circumstances; otherwise, registration is canceled.
Disclaimers Before and After Registration
- Unregistrable matter must be disclaimed but does not affect rights.
- Registrants may surrender, cancel, amend, or disclaim registrations with Director's approval.
Renewal of Registration
- Registrations renewable for 20-year periods.
- Renewal applications must include statements on use, non-use, and variations.
- Late renewals allowed with surcharge.
Effect of Failure to Renew
- Failure to renew does not prevent new registration application.
- Does not allow third parties to register unless entitled.
Grounds and Procedures for Cancellation
- Includes abandonment, fraud, misrepresentation, and other statutory grounds.
- Petition procedures mirror opposition processes.
- Cancellation effective after chance to appeal.
Rights Conferred by Registration
- Certificate is prima facie evidence of validity, ownership, and exclusive rights.
Notice of Registration and Marking
- Registrants must mark goods with notice of registration.
- Failure to mark limits damages recovery absent actual notice.
Infringement and Remedies
- Unauthorized use of mark in commerce that causes confusion constitutes infringement.
- Damages include profits lost or made by infringer.
- Courts may award doubled damages for bad faith.
- Injunctions and destruction of infringing materials may be ordered.
Determination of Right to Registration
- Courts may decide ownership, cancel registrations, and update Patent Office records.
False or Fraudulent Declaration
- Civil liability for damages against persons who procure registration by false means.
Jurisdiction and Appeals
- Actions brought in Court of First Instance.
- Appeals to Supreme Court.
Unfair Competition and Remedies
- Protection of goodwill without need for registration.
- Prohibits deceptive practices passing off goods or services as those of another.
False Designation of Origin and Description
- Prohibits false marks of origin or descriptions in commerce.
- Civil remedies available for injured parties.
Assignment and Transmission of Rights
- Marks and trade-names assignable with goodwill.
- Assignments require written, notarized instruments and recordation.
- Certificates may be issued to assignees.
Review of Director's Decisions
- Appeals against Director's denials of registration, renewal, or cancellation go to Supreme Court.
Import Restrictions
- Prohibits importation of goods bearing infringing marks or false designations.
- Customs to aid enforcement.
Foreign Registrants' Rights
- Foreign nationals benefit from international conventions.
- Registration contingent on prior registration in country of origin or proof of use in commerce.
- Rights applied independently in the Philippines.
Definitions and Interpretations
- "Trade-name", "trade-mark", and "service-mark" broadly defined.
- Includes individual names, symbols, and marks used to identify goods, businesses, or services.
Fees
- Specific fees prescribed for filings, oppositions, publications, renewals, cancellations, and other proceedings.
Collective Marks
- Collective marks owned by cooperatives or associations may register and receive protection.
- Use must not falsely represent origin.
Transition and Repealing Clauses
- Prior registrations under old laws may be renewed or converted.
- Registrations expired during war are subject to renewal with excusable non-use.
- Pending applications may be amended to conform to this Act.
- Repeals inconsistent prior laws.
Effective Date
- The Act takes effect upon approval.