Defenses & Exceptions to Trademark Infringement: Good Faith Prior Use, “Bona Fide” Descriptive Use, and Other Real-World Safety Valves
This is a practical guide for business owners on the defenses and exceptions to trademark infringement.
Elements and Proof of Trademark Infringement (Civil and Criminal): What You Must Allege, Prove, and Prepare
This is a practical guide for business owners on the elements, roof, what must be alleged and proven for trademark infringement.
Practical Guide to Trademark Infringement: The Core Rule, the “Likelihood of Confusion” Test, and What Courts Actually Look For
This is a practical guide for business owners about the acts that constitute trademark infringement.
A Trademark Registered in Bad Faith may be Cancelled Anytime
This article talks about the legal remedy against a trademark registration fraudulently obtained or made in bad faith which is to file a Petition for Cancellation of Trademark before the IPO anytime.
A Trademark Registered in Bad Faith may be Cancelled Anytime Read More »
First-to-File Rule in Trademark Registration
This article talks about the first-to-file system under the Intellectual Property Code of the Philippines wherein the first person to file an application with the Philippine Intellectual Property Office or IPO shall have priority right to the exclusion of new and subsequent applicants for registration of the same or similar mark.
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How to Cancel a Trademark in the Philippines
This article talks about the procedure on how to cancel a trademark before the Intellectual Property Office of the Philippines.
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What Are Descriptive Trademarks?
This article discusses what are descriptive trademarks. Descriptive trademarks are those which consist exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. Pursuant to Sec. 123(j) of the IP Code, such trademarks cannot be registered in the Philippines.
What Are Descriptive Trademarks? Read More »
What is the Dominancy Test in Assessing Trademarks?
The dominancy test focuses on the similarity of the prevalent or dominant features of the competing trademarks that might cause confusion, mistake, and deception in the mind of the purchasing public.
What is the Dominancy Test in Assessing Trademarks? Read More »
What is the Holistic Test in Assessing Trademarks?
The Holistic Test requires that the entirety of the marks in question be considered in resolving confusing similarity of competing trademarks.
What is the Holistic Test in Assessing Trademarks? Read More »
Suing for Unfair Competition in the Philippines
This article discusses about the crime of unfair competition in the Philippines, the elements of the crime, the penalty for its commission, and the acts that must be proven to be convicted of the offense. It also discusses relevant Supreme Court cases on unfair competition in the Philippines.
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