Trademark Lectutre

IMPORTANCE OF
TRADEMARK
1. It lasts forever.
2. It is an effective advertisement tool
3. Creates an identity for one’s business
4. Helps prevent confusion of prodcuts
10 Earliest
Brands/Logos in the
World
10. Johnson & Johnson
> Logo first used: 1887
> Company founded: 1886
> Parent company revenue: $71.3
billion
> Industry: Drug manufacturers
>Country of origin: New Jersey,
USA
Source:https://247wallst.com/special-
report/2014/06/19/10-oldest-company-
logos-in-the-world/4/
9. Peugeot
> Parent company revenue:
$54.1 billion
> Industry: Automotive
> Country of origin: France
Source:https://247wallst.com/specia
l-report/2014/06/19/10-oldest-
company-logos-in-the-world/4/
8. Prudential
> Company founded:
1875
> Parent company
revenue: $41.5 billion
> Industry: Life
insurance
Source:https://247wallst.com
/special-
report/2014/06/19/10-
oldest-company-logos-in-the-
world/4/
7. Heinz
> Parent company revenue:
$11.5 billion
> Industry: Food
Source:https://247wallst.com/speci
al-report/2014/06/19/10-oldest-
6. Sherwin-Williams
> Logo first used:
1905
> Company founded:
1866
> Parent company
> Industry: Specialty
chemicals
>Country of origin:
Ohio, US
Source:
https://247wallst.com/speci
al-report/2014/06/19/10-
oldest-company-logos-in-
the-world/3/
5. Levi Strauss & Co.
> Company founded:
1837
> Parent company
> Industry: Clothing
Source:
https://247wallst.com/speci
al-report/2014/06/19/10-
oldest-company-logos-in-
the-world/3/
4. Shell Oil
> Parent company
> Industry: Energy
> Country of origin: United
Kingdom
Source:
https://247wallst.com/special-
report/2014/06/19/10-oldest-
company-logos-in-the-
world/3/
3. Bass Ale
> Parent company
> Industry: Beverage
 Country of origin: United
Kingdom
Source:
https://time.com/2904290/10-
oldest-company-logos/
2. Twinings Tea
> Parent company
> Country of origin: United
Kingdom
Source: Source:
1. Stella Artois
> Parent company
> Country of origin: Belgium
Source: Source:
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 registration
and capable of distinguishing the origin or any other
common characteristic, including the quality of goods or
services of different enterprises which use the sign
under the control of the registered owner 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)
"Mark" could either mean trade mark
for goods or service mark for services of
an enterprise
121.2. "Collective mark" means any visible sign
designated as such in the application for registration and
capable of distinguishing the origin or any other common
characteristic, including the quality of goods or services of
different enterprises which use the sign under the control
of the registered owner of the collective mark; (Sec. 40,
R.A. No. 166a)
According to Consejo Regulador del Tequila, A.C. (CRT), a Mexican
nonprofit civil association that includes agave producers,
producers/manufacturers, bottlers and distributors of Tequila, and
representatives of the Mexican government:
(1) the goods are manufactured in Mexico from a specific variety of the
blue agave plant grown in certain regions of Mexico as defined by
Mexican law and standards; (2) the goods are manufactured in Mexico in
compliance with Mexican law and standards including fermentation,
distillation, aging, the percentage of blue agave sugars and physical-
chemical specifications; and (3) the finished product is or contains within
it the goods manufactured in accordance with (1) and (2) above.
In 2017, Tequila obtained a Registered Certification Mark from
the United States Government. Because TEQUILA is now a
registered certification mark, applicants that list “Tequila” in
their identification of goods or services that they must delete
that term and replace it with generic wording. That is to
replace “Tequila” with the generic name “distilled blue agave
liquor.
The “T’nalak Tau Sebu” or “Lake SebuT’nalak” refers to
T’nalak hand woven by the people of Lake Sebu. These
terms are also reserved, as are their equivalent in any
translation. The Collective Mark Certificate of Registration
is evidence of ownership of the mark by the T'nalak Tau
Sebu group. It also serve as an essential element of the
promotions, the guarantee of quality and the traceability of
the T’nalak product as was presented during the T’Nalak
Festival celebration last 18 July 2017 in Koronadal, South
Cotabato as one of the provincial’s event highlights.
Source: https://www.ipophil.gov.ph/news/ipophl-grants-
tnalak-tau-sebu-collective-trademark-registration/
"Trade name" means the name or
designation identifying or distinguishing
an enterprise
Trade Name or Business Name vs. Trade/Service Mark
Trade name is the name of the business entity for purposes
of dealing with third parties and the government.
Corporation (SEC)
Ex: Jollibee Foods Corporation
Partnership – (SEC)
Ex: John and Marsha Company
Sole Proprietorship(DTI)-
Ex: Inday’s carenderia
Trade Name:
Jollibee Foods
Corporation
SECTION 122. How Marks are Acquired. — The
rights in a mark shall be acquired through registration
made validly in accordance with the provisions of
this law. (Sec. 2-A, R.A. No. 166a)
Marks that cannot be
registered (Section 123)
(a) Consists of immoral, deceptive or scandalous
matter, or matter which may disparage or
falsely suggest a connection with persons,
living or dead, institutions, beliefs, or national
symbols, 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 its political
subdivisions, or of any foreign
nation, or any simulation thereof;
Consists of the flag
Coat of arms or other
insignia any foreign nation
Country: US
Country: Russia
Country: China
Country: UK
Country: France
insignia of the Philippines or any of its political
subdivisions
(c) Consists of a name, portrait or signature
identifying a particular living individual
except by his written consent, or the
name, signature, or portrait of a
deceased President of the Philippines,
during the life of his widow, if any, except
by written consent of the widow;
Consists of a name, portrait or
signature identifying a particular
living individual except by his
written consent
Name, signature, or portrait of a deceased President of
the Philippines, 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 an earlier filing or priority date, in
respect of: cd
(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;
(e) Is identical with, or confusingly similar to, or constitutes a translation of
a mark which is considered by the competent authority of the
Philippines to be well-known internationally and in the Philippines,
whether or not it is registered here, as being already the mark of a
person other than the applicant for registration, and used for identical
or similar goods or services: Provided, That in determining whether a
mark is well-known, account shall be taken of the knowledge of the
relevant sector of the public, rather than of the public at large, including
knowledge in the Philippines which has been obtained as a result of
the promotion of the mark;
(f) Is identical with, or confusingly similar to, or constitutes a
translation of a mark considered well-known in accordance
with the preceding paragraph, which is registered in the
Philippines with respect to goods or services which are not
similar to those with respect to which registration is applied
for: Provided, That use of the mark in relation to those goods
or services would indicate a connection between those
goods or services, and the owner of the registered
mark: Provided, further, That the interests of the owner of
the registered mark are likely to be damaged by such use;
(g) Is likely to mislead the public, particularly as to the
nature, quality, characteristics or geographical origin of
the goods or services;
All champagne is sparkling wine, but not all
sparkling wine is champagne.
Source:https://www.orangecoastwinery.com/blog/If-it-s-Not-from-the-Champagne-Region-of-
France--is-it-Really-Champagne-
(h) Consists exclusively of signs that are
generic for the goods or services that they
seek to identify
(i) Consists exclusively of signs or of indications that
have become customary or usual to designate the
goods or services in everyday language or in bona
fide and established trade practice;
(j) Consists exclusively of signs or of indications
that may serve in trade to designate the kind,
quality, quantity, intended purpose, value,
geographical origin, time or production of the
goods or rendering of the services, or other
characteristics of the goods or services;
(k) Consists of shapes that may be necessitated by
technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;
“Kitkat first tried to trademark
the shape of the four-fingered
chocolate bar in 2010, but its
attempts were opposed by
Cadbury. The confectioners
have been battling over
trademarks since
Nestlé blocked Cadbury’s
attempts to trademark the
shade of purple used in the
packaging of Dairy Milk.
The European court of justice

previously ruled that the shape
of the KitKat was not distinctive
enough to merit a trademark and
that such a designation would
not comply with European law.”
Source:https://www.theguardian.com/busi
ness/2016/jan/20/kitkat-nestle-loses-high-
court-bid-trademark-shape
“While Kit Kat failed to meet
the criteria necessary to
trademark a shape, Toblerone
has previously been
successful.
It was decided that the
triangular shape of the
chocolate bar alone is
distinctive enough to identify it
as a Toblerone.
The chocolate's shape is also
considered central to its
advertising - "made from
triangular almonds from
triangular trees, triangular
honey, from triangular bees",
went a famous 1990s advert.”
Source:https://www.bbc.com/n
ews/newsbeat-44953460
(l) Consists of color alone, unless defined by a
given form
The Purple One
“One of Prince's many nicknames was The
Purple One. It was reportedly his favourite
colour, and after the success of Purple Rain
its use defined his image and his legacy.
Now, it is set to do so in perpetuity, as the

late singer's estate looks to claim ownership
over the use of "the colour purple" in films
and live and recorded music.
Paisley Park Enterprises, his company, filed

an application earlier this month with the US
Patent and Trademark Office to do just that.
"The [trademark] consists of the colour
purple alone," the application states.”
Source:https://www.abc.net.au/news/2018
-10-30/princes-estate-wants-to-trademark-
the-colour-purple/10445730
the USPTO rejected the application stating that while a
color maybe registered as a trademark in the U.S., the
color must identify a single source of goods or services in
the minds of consumers. The USPTO also said that the
album covers of Tame Impala, Danny Brown, Kanye West,
Future, Chance the Rapper, ASAP Rocky, Cam’ron, and
Justin Bieber, all feature the color purple.
Christian Louboutin sued
VanHaren, a dutch company, for
allegedly trying to imitate its
signature red soles before the
European Court of Justice.
VanHaren, argued and raised

the defense that European
trademark law forbids the
registration of shapes where they
add substantial value to goods.
The European Court of Justice

however foud that Louboutin was
not seeking to protect the shape of
a shoe, merely the application of a
color to a specific part of it (which
is the sole part).
Source:
https://www.theguardian.com/business
/2018/jun/12/christian-louboutin-ecj-
ruling-red-soled-shoes
(m) Is contrary to public order or morality.
General Rule: The following are unregistrable
j) Consists exclusively of signs or of indications that may serve in trade to designate the
kind, quality, quantity, intended purpose, value, geographical origin, time or production
of the goods or rendering of the services, or other characteristics of the goods or services;
(k) Consists of shapes that may be necessitated by technical factors or by the nature of the
goods themselves or factors that affect their intrinsic value;
(l) Consists of color alone, unless defined by a given form; or
EXCEPTION: 123.2. As regards signs or devices mentioned in paragraphs (j), (k),

and (l), nothing shall prevent the registration of any such sign or device which has
become distinctive in relation to the goods for which registration is requested as a
result of the use that have been made of it in commerce in the Philippines. The Office
may accept as prima faci
e evidence that the mark has become distinctive, as used in connection with the
applicant's goods or services in commerce, proof of substantially exclusive and
continuous use thereof by the applicant in commerce in the Philippines for five (5)
years before the date on which the claim of distinctiveness is made.
J. Consists exclusively of signs or of indications that may serve in trade to designate the kind, quality,
quantity, intended purpose, value, geographical origin.
4/2010/5605 - PHILIPPINE BRAND LABEL MARK
Status: Registered
(111)
Registration Number
5605
(151)
Date of the registration
2011-07-07
(210)
Serial number of the application
42010005605
(220)
Date of filing of the application
2010-05-25
(442)
Date of making information available to the public regarding the examined
application
2011-06-06
(180)
Expected expiration date of the registration/renewal
2021-07-07
(541)
Reproduction of the mark where the mark is represented in standard
characters
PHILIPPINE BRAND LABEL MARK
(540)
Mark
4/2008/4134 - REAL CALIFORNIA MILK
Status: To produce notice of allowance of renewal
(111)
Registration Number
4134
(151)
2019-11-11
(210)
42008004134
(220)
2008-04-10
(442)
Date of making information available to the public regarding the examined application
2009-02-06
(180)
2029-11-11
(541)
Reproduction of the mark where the mark is represented in standard characters
REAL CALIFORNIA MILK
(540)
Mark
(731)
Name and address of the applicant
CALIFORNIA MILK PRODUCERS ADVISORY BOARD
400 OYSTER POINT BOULEVARD, SUITE 211
SOUTH SAN FRANCISCO , CALIFORNIA (US)
(k) Consists of shapes that may be necessitated by technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;
(l) Consists of color alone, unless defined by a given form
4/2016/13638 - MASTERCARD
Status: Registered
(111)
Registration Number
13638
(151)
2017-05-25
(210)
42016013638
(220)
2016-11-08
(442)
Date of making information available to the public regarding the examined
application
2017-04-24
(180)
2027-05-25
(541)
MASTERCARD
/2011/501355 - DOMINO
Status: Registered
(111)
Registration Number
501355
(151)
2012-03-08
(210)
42011501355
(220)
2011-09-12
(442)
Date of making information available to the public regarding the examined application
2012-02-06
(180)
2022-03-08
(541)
DOMINO
(540)
Mark
(731)
Name and address of the applicant
DOMINO'S IP HOLDER LLC
24 FRANK LLOYD WRIGHT DRIVE,
P.O. BOX 997, ANN ARBOR, , MICHIGAN 48106, U.S.A. (US)
123.3. The nature of the goods to which the mark is
applied will not constitute an obstacle to registration.

Trademark Lectutre

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IMPORTANCE OF

(i) The same goods or services, or

The European court of justice

Now, it is set to do so in perpetuity, as the

Paisley Park Enterprises, his company, filed

VanHaren, argued and raised

The European Court of Justice

EXCEPTION: 123.2. As regards signs or devices mentioned in paragraphs (j), (k),

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