Recovery of damages requires the infringer to have knowledge of the registration, which is presumed by proper notice.
When is a trademark owner entitled to recover profits or damages? Read More »
Mark registration can be cancelled anytime if it becomes generic, is abandoned, or was obtained through fraudulent means.
Under what circumstances can a mark registration be cancelled at any time? Read More »
Registered marks cannot stop prior good faith users, though their rights are tied to their specific enterprise.
What protection is afforded to good faith prior users of a mark? Read More »
The test for genericness is the mark’s primary significance to the public, not the purchaser’s motivation.
How is it determined if a mark has become a generic name for goods or services? Read More »
Remedies against innocent printers are limited only to an injunction against the future printing of infringing materials.
What are the legal remedies against an innocent printer of infringing materials? Read More »
Failure to use a mark in the Philippines for three uninterrupted years without reason allows for its cancellation.
Remedies against innocent publishers of infringing advertisements are limited to injunctions against future transmissions of that ad.
How are remedies limited against innocent publishers of infringing advertisements? Read More »
Jurisdiction for mark cancellation is held by the Bureau of Legal Affairs or courts handling related enforcement actions.
Which bodies have the jurisdiction to hear actions regarding mark cancellation? Read More »
Non-use is excused only if caused by external factors beyond the owner’s control; lack of funds is never an excuse.
What conditions allow non-use of a mark to be legally excused? Read More »
Using a mark in a slightly different form doesn’t cause cancellation, provided its distinctive character is not altered.
