Under what circumstances can a mark registration be cancelled at any time?
A registration may be cancelled at any point if the registered mark eventually becomes the generic name for the associated goods or services. Cancellation is also permitted at any time if the mark is found to have been abandoned by its owner. According to Section 151.1 Intellectual Property Code of the Philippines, fraud in obtaining the registration or using the mark to misrepresent the source of goods are also valid grounds for indefinite cancellation. These rules prevent the monopolization of common terms and ensure honest commercial practices. “(b) At any time, if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of this Act, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used.” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
