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R.A. 8293 INTELLECTUAL PROPERTY CODE (TRADEMARKS)

SALIENT FEATURES ON THE LAW ON TRADEMARKS
"Mark" means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise
and shall include a stamped or marked container of goods.
A trademark is a tool used that differentiates goods and services from each other. It is a very important marketing tool that
makes the public identify goods and services. A trademark can be one word, a group of words, sign, symbol, logo, or a
combination of any of these. Generally, a trademark refers to both trademark and service mark, although a service mark is
used to identify those marks used for services only.
TRADEMARK PROTECTION
A trademark may be registered to receive protection. When a trademark is registered, the owner is granted the only right
to use the mark and is shielded from the competition when utilizing it on related or identical goods and services.
It might be beneficial to search the trademarks database before submitting an application for trademark registration to see
whether there are any identical or confusingly similar marks that would bar the registration of your mark. This will stop
any potential issues with already-registered marks or filing dates from the past.
TRADEMARK REGISTRATION
 The name and address of the applicant.

 The name of a State of which the applicant is a national or where he has domicile.
 Where the applicant is a juridical entity, the law under which it is organized and existing.
 The appointment of an agent or representative, if the applicant is not domiciled in the Philippines.
 Where the applicant claims the priority of an earlier application, an indication of:
o The name of the State with whose national office the earlier application was filed or it filed with an office
other than a national office, the name of that office
o The date on which the earlier application was filed
o Where available, the application number of the earlier application
 Where the applicant claims color as a distinctive feature of the mark, a statement to that effect as well as the name
or names of the color or colors claimed and an indication, in respect of each color, of the principal parts of the
mark which are in that color;
 The names of the goods or services for which the registration is sought, grouped according to the classes of the
Nice Classification, together with the number of the class of the said Classification to which each group of goods
or services belongs; and
 A signature by, or other self-identification of, the applicant or his representative.
Duration. - A certificate of registration shall remain in force for ten (10) years: Provided, That the registrant shall file a
declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to
such use, as prescribed by the Regulations, within one (1) year from the fifth anniversary of the date of the registration of
the mark. Otherwise, the mark shall be removed from the Register by the Office. (Sec. 12, R.A. No. 166a)
Renewal. - 146.1. A certificate of registration may be renewed for periods of ten (10) years at its expiration upon payment
of the prescribed fee and upon filing of a request. The request shall contain the following indications:
 An indication that renewal is sought;

 The name and address of the registrant or his successor-in-interest, hereafter referred to as the “right holder”;
 The registration number of the registration concerned;
 The filing date of the application which resulted in the registration concerned to be renewed;
 Where the right holder has a representative, the name and address of that representative;
 The names of the recorded goods or services for which the renewal is requested or the names of the recorded
goods or services for which the renewal is not requested, grouped according to the classes of the Nice
Classification to which that group of goods or services belongs and presented in the order of the classes of the
said Classification; and
 A signature by the right holder or his representative.

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R.A. 8293 INTELLECTUAL PROPERTY CODE (TRADEMARKS)

 The name and address of the applicant.

 An indication that renewal is sought;

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