Importance of a Valid Trademark Registration
The Intellectual Property Code (IP Code)1 protects intellectual property rights, further providing guidelines for trademark protection and defining their limitations. One of the key enforcement of the protection is through trademark registration.
A valid registration gives you the benefit of an exclusive use of your mark. Remember that a void registration confers no right, further depriving you of any use of your trademark. Follow these 3 Easy Steps to Register a Trademark in the Philippines to get you started.
3 Reasons for Your Trademark Application Denial
Here are the 3 main reasons why your trademark application was denied:
1. Failure to meet filing requirements
Section 127 of the IP Code enumerates the filing date for such filing, and Section 124 amplifies the importance of this provision by laying out the requirements of the application. Failure to comply with the filing requirements will result in the denial of your trademark application.
Note further that the Intellectual Property Office requires the compliance of application forms.
2. Intent to mislead or deceive
When the potential use or application of the infringing mark is likely to cause confusion or mistake or to deceive purchasers or others as to the goods or services themselves or as to the source or origin of such goods or services or the identity of such business,2 this constitutes trademark infringement which will lead to an outright denial of your application.
3. Non-compliance to registrability
Section 123 of the IP Code provides for the registrability of marks. A mark that consists of immoral, deceptive matter, those consisting of the insignia of the Philippines, or confusingly similar to a mark that is already registered with respect to goods or services are among marks that cannot be registered.3 Once the mark that you have chosen is not in compliance with this provision, this will lead the IPO to deny your application.
To make sure that your mark is not confusingly similar to an already registered one, conduct a search first. You may also read Trademarking a Business in the Philippines: Legal Requirements and Considerations to guide you.
Noting these reasons will give you an overview of the factors that you need to avoid when you are applying for a trademark.
Conclusion
Understanding these common reasons for rejection helps applicants prepare strong applications that comply with Philippine trademark laws and regulations, increasing the chances of successful registration.
Book a consultation with a trademark attorney today to avoid the pitfalls that could lead to your trademark application being denied. You can also reach us by email at admin@pinollaw.com.
1 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, §1 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines]
2 Societe Des Produits Nestle, S.A. v. Dy, Jr., G.R. No. 172276, August 9, 2010, 627 SCRA 223, 233-234; citing Prosource International, Inc. v. Horphag Research Management SA, G.R. No. 180073, November 25, 2009, 605 SCRA 523, 530
3 Intellectual Property Code of the Philippines, §123.
