8/11/2019 Part III Ipcode 121-123

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PART III

THE LAW ON TRADEMARKS, SERVICE MARKS AND TRADE NAMES

Section 121.Definitions. - As used in Part III, the following terms have the following meanings:

121.1. "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; (Sec. 38,R.A. No. 166a)

121.2. "Collective mark" means any visible sign designated as such in the application for registrationand capable of distinguishing the origin or any other common characteristic, including the quality ofgoods or services of different enterprises which use the sign under the control of the registeredowner of the collective mark; (Sec. 40, R.A. No. 166a)

121.3. "Trade name" means the name or designation identifying or distinguishing an enterprise;(Sec. 38, R.A. No. 166a)

121.4. "Bureau" means the Bureau of Trademarks;

121.5. "Director" means the Director of Trademarks;

121.6. "Regulations" means the Rules of Practice in Trademarks and Service Marks formulated bythe Director of Trademarks and approved by the Director General; and

121.7. "Examiner" means the trademark examiner. (Sec. 38, R.A. No. 166a)

Section 122.How Marks are Acquired. - The rights in a mark shall be acquired through registrationmade validly in accordance with the provisions of this law. (Sec. 2-A, R A. No. 166a)

Section 123.Registrability. - 123.1. A mark cannot be registered if it:

(a) Consists of immoral, deceptive or scandalous matter, or matter which may disparage orfalsely suggest a connection with persons, living or dead, institutions, beliefs, or nationalsymbols, or bring them into contempt or disrepute;

(b) Consists of the flag or coat of arms or other insignia of the Philippines or any of itspolitical subdivisions, or of any foreign nation, or any simulation thereof;

(c) Consists of a name, portrait or signature identifying a particular living individual except byhis written consent, or the name, signature, or portrait of a deceased President of thePhilippines, during the life of his widow, if any, except by written consent of the widow;

(d) Is identical with a registered mark belonging to a different proprietor or a mark with anearlier filing or priority date, in respect of:

(i) The same goods or services, or

(ii) Closely related goods or services, or

(iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion;

8/11/2019 Part III Ipcode 121-123

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