What will you do if a company is using your trademark? What if this company has fraudulently registered your trademark in his own name? The remedy to this problem is to have that company’s trademark cancelled. Section 1511.1 of the Intellectual Property Code of the Philippines (“IP Code”) provides: “151.1. A petition […]
If you are interested in filing a trademark application in the Philippines or wish to protect your business brand or trademark, it is quite tempting to undertake the task on your own. As a businessman, saving on costs is a primary concern. Consequently, most businessmen fall into the
The Philippine Intellectual Property Office (“IPO”) does not require proof of use in commerce in the processing of trademark applications. However, during the life of the trademark, the applicant or registrant must prove that it is using the mark in the Philippines. Thus, a notarized Declaration of Actual Use (“DAU”)
Trademark applications are filed with the Philippine Intellectual Property Office (IPO). Filipinos or Filipino corporations may directly file their applications with the IPO. However, foreigners or foreign corporations have to appoint a local agent or representative in order to file applications with the IPO. Applying for a trademark is not like getting a business permit
