BRIDGESTONE Trademark Solidifies its ‘Well-Known’ Status in the Philippines
August 15, 2016 The series of decisions rendered by the Bureau of Legal Affairs (“BLA”) leave no doubt that the BRIDGESTONE trademark has solidified its status as a well-known mark in the Philippines and Bridgestone Corporation has secured exclusive rights to use the ‘STONE’ element of its BRIDGESTONE mark when the goods involved belong in Class […]
Unilever Fails to Secure Exclusive Rights Over “CLEAR” Mark
August 8, 2016 The use of common words as a trademark is a double-edged sword. From a marketing standpoint, it is beneficial to use them because they are easy to recall. From a legal standpoint, however, it is risky to use them because they are considered weak in the spectrum of trademark distinctiveness. The recent case […]
IPO Cancels Trademark Registration Over Bad Faith Copying of a Japanese Mark
July 31, 2016 The Bureau of Legal Affairs recently cancelled a trademark registration, which it deemed to have been obtained maliciously and in bad faith. The case stemmed from a Petition for Cancellation filed by Japanese Company Toyoda Gosei (“Petitioner”). In the Petition, Petitioner alleged that the registered mark “TG & Design” owned by local […]
Suzuki Successfully Cancels Copycat “HAYABUSA” mark in the Philippines
July 26, 2016 Hayabusa is a falcon bird that is indigenous to Japan. While it is not the biggest bird, it is considered the strongest, with an ability to reach speeds of over 300 kilometers per hour. It is from this characteristic that famed Japanese motorcycle manufacturer Suzuki was inspired to engineer a new motorcycle […]
Supreme Court Upholds the Philippines’ Accession to the Madrid Protocol
July 22, 2016 In a decision promulgated on July 20, 2016, the Supreme Court of the Philippines affirmed the validity of the country’s accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”). The accession to the Madrid Protocol was assailed by the Intellectual Property Association of the […]
WIPO Hosts Industrial Designs Workshop in the Philippines
June 14, 2016 The World Intellectual Property Organization (WIPO), in cooperation with the Intellectual Property Office of the Philippines (IPOPHIL), held a workshop on June 13, 2016 entitled “Understanding the Use of Industrial Designs in Southeast Asia”. The Workshop was designed to inform participants about a study being undertaken by WIPO with respect to industrial […]
Nestle Successfully Proves Secondary Meaning For “CHOW” Mark
June 13, 2016 Generally, proving secondary meaning of a trademark in order to overcome a descriptiveness refusal is notoriously difficult. A trademark owner usually has to present a voluminous amount of evidence of continuous use, and sometimes may need to present costly and time-consuming market and consumer surveys. However, in a decision issued by the […]
FEDERIS To Sponsor INTA Annual Meeting in Orlando, Florida
April 4, 2016 Federis & Associates will be a Housing E-Mail Sponsor of this year’s INTA Annual Meeting. The meeting will be held from May 21 to May 25, 2016 in Orlando, Florida. In conjunction with its sponsorship, the Firm will also be hosting a booth (#1217) at the Exhibition Hall of the Orange County […]
IPOPHIL Discusses Current State of IPR Enforcement in the Philippines
March 18, 2016 On February 18, 2016, the Intellectual Property Office of the Philippines (IPOPHIL) held a consultation meeting to discuss the current status of intellectual property rights (IPR) enforcement efforts in the Philippines. According to IPOPHIL, the year 2015 has been challenging in terms of IPR enforcement. The value of seized goods in 2015 […]
Who Owns A Copyright? IP Bureau Rules Against Creator Of a Copyrightable Work
February 15, 2016 In one of the few copyright infringement decisions to be released recently by the Bureau of Legal Affairs, it held that a company is the author of the work, even if the work was created by an individual (the Complainant) while working for the company (the Respondent Company) under a Consultancy Agreement. […]