Trademarks
What you should know
Why is protecting trademark ownership a business concern?
- Every entrepreneurs should be concern with trademark law
- For “brand differentiation” is very important and requires legal protection.
- With globalization, competitive environment is going no-boundaries, it’s the only key to competitiveness.
- In choosing and using a trademark or symbol for your business, products, or services to differentiate from others can no longer be accomplished in isolation and in ignorance of trademark protection.
- Oftentimes, we hear businessman complaining about their brands being copied and that someone else is using a name similar to or identical with their products, service or business. But in the end the question is whether such brand/trademark is protected.
- Trademark is increasingly an important tool to win consumers loyalty and patronage.
- Hence, trademark owners should be more conservative (zealous) in protecting the goodwill and reputation generated by their business. In short, in protecting your trademark which nowadays are considered one of the most valuable assets in business requires you to have it duly registered with intellectual property office (IP Phils.)
What is a Trademark?
A trademark is any visible sign capable of distinguishing the products or services of an enterprise, differentiating them from others. It’s the name you can call your products or services. It is used to identify one’s product or commercial source of the product.
What is Service Mark?
A service mark is one that identify the services of a particular source or owner. Under the Trademark law, despite the functional differences, the law treats both similarly and afforded the same rights.
What is Tradename?
Tradename is simply the name you call your business or business entity. As distinguished from Trademarks, the name you give to your product is called a “Trademark”.
What is Patent?
Patent is a grant of an exclusive right to whoever owns the patent which may be an inventions, utility model or an industrial design, in order to make, use, sell, or even import the patented product.
Patent applies only to technical solutions of a problem in any field of human activity.
Important Reminder:
Bear in mind that trademark protection afforded by the Intellectual Property Code does not extend to outside Philippine territory. Likewise, a foreign trademark registration does not apply to the Philippine territory. A separate registration is necessary for each country. The general rule is that the use and registration in one country does not vest any right to use or register in another country.
Post Regulation requirement includes:
- Actual Use (in the Phils);
- Sumission of Proof – Use
- Timely Renewal
International Classification
(of goods and services for purposes of registration)
Class
- Chemicals
- Paints
- Cosmetics, Cleaning Preparations
- Lubricants and Fuel
- Pharmaceuticals
- Metal Goods
- Machinery
- Hand Tools
- Electric and Scientific
- Medical Apparatus
- Environmental Control Apparatus
- Vehicles
- Firearms
- Jewelry
- Musical Instruments
- Paper Goods and Printed Matters
- Rubber Goods
- Leather Goods
- Non-metallic Building Materials
- Furniture and Others
- Houseware and Glass
- Cordage and Fibers
- Yarns and Threads
- Fabrics
- Clothing
- Fancy Goods
- Floor Covering
- Toys and Sporting Goods
- Meat and Processed Foods
- Staple Goods
- Natural Agricultural Products
- Light Beverages
- Wines and Spirits
- Smoker’s Articles
- Advertising, Office, Business
- Finance and Insurance
- Building Construction
- Telecommunication
- Transport and Travel
- Treatment of Materials
- Education, Training and Sport
- Scientific, Technological Service
- Food and Drinks,Accomodations
- Medical Services, Beauty, Agribusiness
- Security and Surveillance