Philippines updates

Intellectual Property

Contributed by Romulo Mabanta Buenaventura Sayoc & De Los Angeles
Two tests – Supreme Court case law on determining trademark infringement
  • Philippines
  • 12 August 2019

The Supreme Court has repeatedly stated that there are no set rules to determine whether one trademark is confusingly similar to, or a colourable imitation of, another and that each case must be decided on its own merits. Nonetheless, over the years, the Supreme Court has fashioned two tests (ie, the dominancy and holistic tests) to determine whether a mark infringes another. This article reviews a number of landmark Supreme Court decisions that applied these tests.

Riding on popularity of foreign brands
  • Philippines
  • 08 July 2019

Goods produced outside the Philippines are commonly perceived as being of better quality and, given their higher price point, are purchased by those who are more financially capable and consider themselves to have good taste. For this reason, some local business owners unlawfully attempt to ride on the popularity of foreign brands. However, Philippine law prohibits deception and protects the goodwill of foreign marks under the Intellectual Property Code and the Paris Convention.

Supreme Court recognises internet bookings as sufficient use of 'W' trademark
  • Philippines
  • 19 March 2018

Starwood Hotel & Resorts Worldwide Inc filed an opposition against the application for registration of the mark 'W' filed by W Land Holdings Inc in the Philippines for the latter's real estate business. The Supreme Court recognised that despite the physical absence of use of the W trademark in the Philippines, online bookings via websites constituted sufficient use of the mark in the country. However, the court also noted that such use must be genuine.

Philippines one step closer to becoming international authority on patents
  • Philippines
  • 07 August 2017

The Intellectual Property Office of the Philippines is seeking designation as an international searching authority and international preliminary examining authority under the Patent Cooperation Treaty. The treaty allows patent applicants and inventors to file a single patent application in one IP office, resulting in protection in multiple countries. As a result, the Philippines is set to become a more attractive business destination and an even more reliable partner in patent protection.

You've registered your trademark, what now? Tips on maintaining trademark protection
  • Philippines
  • 20 February 2017

The process of obtaining trademark registration is only the beginning. To ensure continued validity and protection, a trademark owner must use the registered mark in the Philippines and comply with other regulatory filings. For example, a declaration of actual use must be provided and contain information on where the goods or services are available, as well as photographs, labels or other physical manifestations of use in the Philippines.

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