Memorandum Circular 17-010 took effect on 1 August 2017. In the recent movie The Hangover Part II, Stu … Retrieved from http://www.federislaw.com.ph/wp-content/uploads/2014/10/RAYMUND-STA.-MARIA-CATABIJAN-doing-business-under-the-name-and-style-ST.-MATTHEWS-PUBLISHING-vs.-LA-CONCEPCION-COLLEGE-INC.-IPV-No.-10-2009-00009-February-28-2013.pdf, Newsbytes.ph. Trademark rights are effectively regional in nature. This usually is appropriate where the trademark concerned has a descriptive meaning in addition to its secondary meaning as a trademark. It is very similar to service mark infringement . Suites 2004 & 2005, 88 Corporate Center Valero corner Sedeño Streets, Salcedo Village, Makati City 1227, Philippines   Telephone: +632 8896197  Facsimile: +632 8896132 © Copyright 2013 Federis & Associates Intellectual Property Firm. Provisional remedies, such as an injunction, are available. It is also committed by misrepresenting the nature, characteristics, quality, and geographic origin of the goods or services in the advertising or promotion of said goods and services. What is the legal framework for the protection of Intellectual Property Rights in the Philippines? A request for trademark cancellation in the Philippines may be filed by any interested party in the event of unjustified non-use for three consecutive years. Trademark infringement is the unauthorized use in commerce of a registered trademark or a copy or colorable imitation thereof, which results in the likelihood of confusion among the consuming public. ( Log Out /  Another case of Intellectual Property was the Catibajan and La Concepcion College, Inc. case. If there are valid grounds, the court will issue a search warrant, which must be served within ten (10) days. Likelihood of confusion is an element of trademark infringement and unfair competition. TRADEMARK CEASE AND DESIST LETTER [COMPANY NAME][Date][Infringer’s Name][Infringer’s Address]Re: Infringement of the [registered trademark/domain] markDear [Infringer's Name]:We have recently discovered that your business is using the mark [mark/domain] for your service or product.We believe your use infringes on our ownership of the [registered trademark/domain] mark. The Intellectual Property Office has also issued Intellectual Property Office Memorandum Circular 17-010 requiring the submission of a Declaration of Actual Use within one (1) year from the end of the ten (10) year term of the registration sought to be renewed (Renewal DAU). Can one prevent counterfeit goods from entering the Philippines? A trade mark is diluted when the use of similar or identical trade marks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source. The copying and or passing off may include copying of the trademark or giving one’s own goods the general appearance of another, which causes likelihood of confusion. If the aim is to deter continuing infringing acts done in a small scale, a visit/inspection by the Intellectual Property Enforcement Office or the Optical Media Board may suffice. (2014). The IP owner may file a letter-complaint with the enforcement agency, usually the National Bureau of Investigation or the Philippine National Police, who will conduct an independent investigation to ascertain the validity and truthfulness of the complaint and the scope of the infringement. In 2011, Naruto, a curious macaque monkey in Indonesia picked up nature photographer David Slater’s camera and took one of the most famous selfies in recent years. Retrived from http://newsbytes.ph/2014/11/08/bulacan-school-ordered-to-pay-p608450-for-copyright-infringement/, ABS-CBN News. The elements of trademark infringement are: (1) a registered trademark in the Philippines, (2) plaintiff’s ownership of said mark, and (3) use of the trademark or imitation thereof by a third person, which results in likelihood of confusion. A raid pursuant to a court-issued search warrant may be conducted to ensure that the counterfeit products are seized and removed from the market. It came into effect on January 1, 1998. An exception to this rule is if the mark being infringed upon is an internationally well-known trademark that is also a well-known trademark in the Philippines. Raid actions are usually conducted by the National Bureau of Investigation (Intellectual Property Rights Division) and the Philippine National Police (Criminal Investigation and Detection Group). A foreign national or corporation, whether or not licensed to do business in the Philippines, may bring a civil or administrative action for trademark infringement, unfair competition, or false designation, so long as such individual or corporation is domiciled in a country which is a party to any convention, treaty, or agreement relating to IP rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to the nationals of the Philippines by law. Yes. In 2009 Gucci sued Guess for infringing on five Gucci trademarks, including the use … The recordation of IP rights or products covered therein is valid for two (2) years from the date of recordation, and shall be renewable every two (2) years thereafter. For example, WD-40 Company’s use of the term “inhibitor” was found to be descriptive fair use of the registered mark THE INHIBITOR when used to describe a long-term corrosion inhibitor product. 1.) Other forms of relief, such as injunction and the impounding of the counterfeit products, sales invoices and other documents evidencing sales, are also available as remedies to the IP owner. In resolving the present infringement case between LS Jeans Tailoring and Levi’s 501, the Supreme Court adopted the “holistic test” as previously applied in a similar trademark infringement case also involving maong pants or jeans (between the foreign brand “Lee … Retrieved from http://www.federislaw.com.ph/starbucks-wins-frap-trademark-philippines/. The administrative suit is filed at the Bureau of Legal Affairs at the Intellectual Property Office of the Philippines. If there are reasonable grounds, the prosecutor will issue an order recommending the filing of criminal information in court. For instance, where two companies sold competing products in the same state, usage of similar marks would likely lead to confusion; however, confusion would not result where the compani… Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Once the accused is arrested and/or posts bail, he or she will be arraigned. Cease & Desist Trademark Infringement Template, Example, Sample Form. Where the school copied the work books and were reproduced and sold to its students which is originally the work of Raymund Catabijan. According to the Intellectual Property Office no available remedy exists for trade mark infringement if the earlier trade mark is unregistered. S. Victor Whitmill v. Warner Bros. Entertainment Inc. There are also recorded cases of violation of the said law and some of those were the Starbucks and Philippine Frap Case and the. Petitioner Philippine Packing Corporation (Philpack) is a domestic corporation duly organized under the laws of the Philippines. A criminal action may be initiated by filing a complaint with the prosecutor. There is a trademark infringement and unfair competition case pending before the intellectual property court of Quezon City filed by the Philippine Long Distance Telephone Company ("PLDT") against Philippine League for Democratic Telecommunications, Inc., the registrant of the domain name pldt.com. Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Moreover, an order of condemnation and seizure of all copies of the subject infringing books in the possession of the respondent. Bulacan school ordered to pay P608,405 for copyright infringement. Nicolas & De Vega Law Offices is a full-service law firm in the Philippines. Is there infringement protection for unregistered trademarks? False designation of origin or false description of goods is committed when one who in the course of trade uses any word, term, symbol or device, which is likely to cause confusion or mistake on the consuming public as to the affiliation, connection, association of such person with another person, sponsorship or approval of his or her goods, services or commercial activities by another person. An IP owner may file a civil action to recover damages from any person who infringes his or her rights. If the goods are confirmed as counterfeit, they will be seized accordingly. IPOPHL was created by virtue of Republic Act No. The elements of trademark infringement are: (1) a registered trademark in the Philippines, (2) plaintiff’s ownership of said mark, and (3) use of the trademark or imitation thereof by a third person, which results in likelihood … What is false designation of origin and false description of goods? Trademark infringement is the unauthorized use in commerce of a registered trademark or a copy or colorable imitation thereof, which results in the likelihood of confusion among the consuming public. An action for unfair competition may be filed by owners of trademarks which are not registered in the Philippines. Change ), http://www.federislaw.com.ph/wp-content/uploads/2014/12/STARBUCKS-CORPORATION-vs.-CAFFEE-DE-MANILA-CORP.-IPC14-2012-00057-September-16-2014.pdf, http://www.federislaw.com.ph/wp-content/uploads/2014/10/RAYMUND-STA.-MARIA-CATABIJAN-doing-business-under-the-name-and-style-ST.-MATTHEWS-PUBLISHING-vs.-LA-CONCEPCION-COLLEGE-INC.-IPV-No.-10-2009-00009-February-28-2013.pdf, http://newsbytes.ph/2014/11/08/bulacan-school-ordered-to-pay-p608450-for-copyright-infringement/, http://news.abs-cbn.com/business/09/26/14/starbucks-wins-philippine-case-over-frap-trademark-report, http://www.federislaw.com.ph/starbucks-wins-frap-trademark-philippines/, Information Dissemination on Philippines Digital Piracy Laws. (2014). Through her reputation of having excellent taste, her name became recognizable around the world. (2014). Name – Coco Chanel is a perfect example of a name that is a trademark. Yes. Change ), You are commenting using your Twitter account. No. People knew that if they were to purchase a Coco Chanel product they were going to receive quality craftsmanship. Home | Site Map | Disclaimer | A PaperStreet Web Design, Licensing, Due Diligence, Contract Review, Utility Model and Industrial Design Registration, Overview: Trademark System in the Philippines, Overview: Patent System in the Philippines. The IP owner may work with government agencies to conduct a raid action pursuant to a valid search warrant or a visit/inspection pursuant to some of the government agencies’ visitorial powers. (2014). The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. An IP owner may file a criminal, civil, or administrative action against an infringer. Starbucks wins Philippine case over ‘Frap’ trademark – report. Starbucks Coffee Co. won a trademark case against the Cafe De Manila Coorporation, which tried to register the name “Frap” for a marketing slogan. In cases where actual intent to mislead the public or to defraud the IP owner is shown, the damages may be doubled upon the discretion of the court. There is really importance of protecting one’s creative work of mind. A civil infringement lawsuit is filed in the appropriate court located at the place where the defendant resides/is located, or where the plaintiff resides/is located, at the option of the plaintiff. The Optical Media Board and the Intellectual Property Enforcement Office can conduct inspections and issue warning letters through their visitorial powers. Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval. That is, one can only assert his or her rights against another using a same or similar trademark (or “mark”) likely to cause consumer confusion. Is actual use of a trademark necessary before one can file for a trademark infringement or unfair competition action? Trademark Search in PHILIPPINES It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered. Trademark infringement is the unauthorized use or reproduction of a trademark, such as a logo or brand symbol. Once the infringement is confirmed, the enforcement agent will apply for the issuance of a search warrant. In the event that such damages cannot be ascertained with reasonable certainty, the court may award as damages a reasonable percentage based upon the amount of gross sales received by the infringer in connection with the use of the IP owner’s trademark. The course of action depends on the end goal of the IP owner. The total amount of damages claimed should be Php 200,000 or more. The IP owner will participate in the civil aspect of the criminal action if he is claiming damages. This is how to file a trademark infringement case with the Philippine Intellectual Property Office. The prosecutor then conducts the preliminary investigation to determine if there are reasonable grounds for infringement. After the filing of the criminal information, the court will issue a warrant of arrest. The raiding team will then conduct a search and seizure operation, whereby all counterfeit and infringing items will be confiscated and placed under the court’s custody and stored in a bonded warehouse. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. Yes. What enforcement actions are available to intellectual property owners whose rights are being infringed in the Philippine market? The elements of unfair competition are: (1) confusing similarity in the appearance of the goods involved, and (2) intent to deceive the public and defraud a competitor. ( Log Out /  Starbucks Corporation v. Cafe De Manila Corporation. Gucci vs Guess. It just goes to show, instigating an intellectual property claim can end up being an expensive miscalculation. Yes. May 24, 2012 . Philippines must prove that the mark infringed is registered in the Philippines, is still in force and the defendant is using an identical or similar sign likely to deceive or confuse consumers that the goods of the infringer are the products of the registrant. Del Monte granted Philpack the right to manufacture, distribute and sell in the Philippines various agricultural products, including catsup, under the Del Monte trademark and logo. Starbucks asserted that Cafe de Manila should not be allowed to register the term “FRAP” since it is the prefix and the dominant element of its registered mark “FRAPUCCINO.” Philippine jurisprudence includes many cases upholding the rights of owners of well-known marks – for example: Ecole De Cuisine v Renaud Cointreu, GR 185830, 2013 (“only the owner of a mark has the right to register the mark, and a prior user of the mark in the Philippines is not necessarily the owner”); and Thirteen Ludicrous Celebrity Trademark Stories. A person found guilty in a criminal case for trademark infringement, unfair competition, and/or false designation will be imprisoned for a term of two (2) to five (5) years, and will be ordered to pay a fine ranging from Php 50,000 to Php 200,000. Starbucks Coffee Co. won a trademark case against the Cafe De Manila Coorporation, which tried to register the name “Frap” for a marketing slogan. Learn more about trademarks, how to continue reading : The court will then proceed to try the criminal case and if the accused is found guilty of infringement beyond a reasonable doubt, it will issue a decision of conviction. In this case, Victorio Diaz allegedly imitated the arcuate design, two-horse brand and two-horse patch of Levi's jeans by using LS JEANS TAILORING on the jeans that it was selling. Unfair competition is a form of copying and making false statements by one who passes off his own goods for those of another that has an established goodwill. The IP Office of the Philippines is the primary government agency tasked with the regulation of trademarks in the Philippines, particularly with regard to registration and enforcement. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to cre… Representation by a trademark attorney For foreign applicants, it is necessary to perform trademark registration in the Philippines through an agent, a registered Philippine trademark attorney. The administrative penalties available may include the issuance of a cease and desist order; condemnation and seizure of infringing products; imposition of administrative fines ranging from Php 5,000 to Php 150,000 and an additional fine of up to Php 1,000 for each day of continuing violation; cancellation or withholding of any permit, license, or registration granted or being secured from the IPO; the assessment of damages; censure; and other analogous penalties or sanctions. One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. How can one remove counterfeit products or infringing items from the market? All rights reserved. If the owner wants to seize a huge inventory of counterfeit items, it is best to conduct a raid action. Recorded with ScreenCastify (https://www.screencastify.com), the screen video recorder for Chrome ( Log Out /  The Philippines has its RA 8293 which is known as the Intellectual Property Code of the Philippines which protects the result of a creative thought of an individual. Can a foreign company file an action for trademark infringement, unfair competition, or false designation of goods in the Philippines? Change ), You are commenting using your Facebook account. Traditionally, consumer confusion resulted from mor e than one company using similar marks within the same geographical area. The Philippines Supreme Court’s Decision in Case Number G.R. Retrieved from http://www.federislaw.com.ph/wp-content/uploads/2014/12/STARBUCKS-CORPORATION-vs.-CAFFEE-DE-MANILA-CORP.-IPC14-2012-00057-September-16-2014.pdf, Catabijan v. La Concepcion College, Inc. (2013). The accused has the option to post bail. From those cases presented above it would be a learning for everybody to abide the laws and recognize and give due credit to the works of others. Can a foreign corporation or trademark owner enforce its trademark rights even if the trademark is not registered in the Philippines? An administrative action for trademark infringement, unfair competition and/or false designation may be filed with the Bureau of Legal Affairs (BLA) of the IPO  within four (4) years from the date of commission of the violation, or if the date be unknown, from the date of discovery of the violation. Though we love to laugh at stories like these, they … Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos . Change ), You are commenting using your Google account. Republic Act 8293, otherwise known as the Intellectual Property Code, provides the legal framework for intellectual property protection in the Philippines. ( Log Out /  The court decided to let Starbucks sustained its trademark and the documents of the subject trademark together with the copy of the decision were returned to the Bureau of Trademarks. Retrieved from http://news.abs-cbn.com/business/09/26/14/starbucks-wins-philippine-case-over-frap-trademark-report, Federislaw. RESEARCHER Browse our collection of materials on intellectual property BASICS OF IPIP RESOURCESINVENTORS, INNOVATORS, & INDUSTRIAL DESIGNERSHere are the requirements and steps to applying for grant of patent, and registering utility model and industrial designPATENTUTILITY MODELINDUSTRIAL DESIGNENTREPRENEURS Learn more about trademark registration and take a … 210693 (2017) found the principle of conclusiveness of judgment (Res Judicata) applies in trademark cases where there exist an identity of issues between an earlier judgment and the issues in a later case. If you’re a business, distinguishing your goods or services from others gives you a competitive edge. 8293, a mark cannot be registered if it is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date with respect of the same goods or services, closely related goods or services, or if it nearly resembles such a mark as to be likely to deceive or cause confusion. Starbucks asserted that Cafe de Manila should not be allowed to register the term “FRAP” since it is the prefix and the dominant element of its registered mark “FRAPUCCINO.” As stated at Section 123 (d) of Republic Act No. The Bureau of Customs has a system of recording IP rights, where it alerts IP owners of the shipment of counterfeit and/or original goods imported by unauthorized importers or distributors. TrademarkCopia through its associate Law Firms and Lawyers in Philippines is at hand to help you with trademark registration and prosecution. To prove likelihood of confusion, the mark being infringed upon should be used on goods or services that are available in the Philippines. Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. Trademark Infringement Cease and Desist Letter A Cease and Desist Letter is used as a formal request to the recipient to stop (cease) and not continue (desist) any unwelcome or illegal behavior. The award of damages shall be either the reasonable profit the IP owner would have made, had the infringer not infringed his rights, or the profit that the infringer actually received from the infringement. Create a free website or blog at WordPress.com. How are trademark infringement, unfair competition, and false designation prosecuted? We usually understand intellectual property as totality of rights for any intellectual activity such as works, inventions and the like and means of individualization such as trade marks, company names and others. An inventory and a return of the search warrant should be submitted to the court after the raid. A trademark is a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others. The court ordered the respondent to pay the complainant P8,450 for the actual damages, P500,00 for exemplary damages and P100,000 for the Attorney’s fees and litigation cost. LEE case, to reverse a trademark infringement conviction involving jeans. ... Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney. The famous designer Coco Chanel built her successful fashion empire by using her name. Starbucks Wins its Fight Against “Frap” Trademark in the Philippines. An IP owner may file a trademark, such as an injunction, are available in Philippines... Is an element of trademark infringement or unfair competition action false designation goods... 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