1.

PETITION FOR CANCELLATION

a. SEC 151 OF IP CODE
b. IF THE REGISTRATION WAS OBTAINED FRAUDULENTLY OR CONTRARY TO THE
PROVISIONS OF THIS ACT
i. SEC 168
ii. A PERSON WHO HAS IDENTIFIED IN THE MIND OF THE PUBLIC THE
GOODS HE MANUFACTURES OR DEALS IN, HIS BUSINESS OR SERVICES
FROM THOSE OF OTHERS, WHETHER OR NOT A REGISTERED MARK IS
EMPLOYED, HAS A PROPERTY RIGHT IN THE GOODWILL OF THE SAID
GOODS, BUSINESS OR SERVICES SO IDENTIFIED, WHICH WILL BE
PROTECTED IN THE SAME MANNER AS OTHER PROPERTY RIGHTS
2. CONSENT FROM VALERIO
a. ASK FOR CONSENT OR BUY HIS RIGHT OVER THE TRADEMARK
3. REGISTRATION OF SHEEESH AND SHEESHIRT
a. WE CAN TRY BUT THERE IS A POSSIBILITY THAT REGISTRATION WILL BE DENIED
ON THE GROUND OF CONFUSING SIMILARITY (CLASS 42 – GRAPHIC ARTS
DESIGN)
b. CONFUSION OF GOODS AND BUSINESS

4. DEFENSE WHEN INFRINGEMENT IS FILED

a. THE REGISTERED MARK SHALL HAVE NO EFFECT AGAINST ANY PERSON WHO, IN
GF BEFORE FILING OR PRIORITY DATE (MARCH 2022) WAS USING THE MARK FOR
THE PURPOSE OF HIS BUSINESS – PGAG HAS BEEN USING THE WORD SHEESH
SINCE 2020 (SEC 159 IP CODE)
b. IN ONE CASE, THE SC FAVORED THE FIRST REGISTRANT BY REASON OF THE FIRST
TO FILE RULE BUT IT ABSOLVED THE RESPONDENT FROM BEING LIABLE FOR
INFRINGEMENT BECAUSE IT WAS A USER IN GOOD FAITH (ZUNECA
PHARMACEUTICALS)
i. While Section 147.1141 of the IP Code provides that the owner of a
registered mark shall have the exclusive right to prevent third parties' use of
identical or similar marks for identical or similar goods where such use would
result in a likelihood of confusion, this provision should be interpreted in
harmony with Section 159.1 of the IP Code, especially the latter's proviso
which allows the transfer or assignment of the mark together with the
enterprise or business of the prior user in good faith or with that part of his
enterprise or business in which the mark is used. The lawmakers intended for
the rights of the owner of the registered mark in Section 147.1 to be subject
to the rights of a prior user in good faith contemplated under Section 159.1.
Essentially, therefore, Section 159.1 is an exception to the rights of the
trademark owner in Section 147.1 of the IP Code.