PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Edward King Chua and Maria Patricia Cruz, Villaraza & Angangco
• word marks; • figurative marks; • slogans; • composite marks; • colour marks; • three-dimensional marks;
• uses the name, signature or portrait of a deceased President of the Philippines during the lifetime of their widow, unless the widow provides written consent. Section 123.1 (a) also prohibits the registration of deceptive marks that may falsely suggest a connec - Product shapes or packaging may be protected as trade marks or industrial designs. In both cases, if the shape or design is dictated essentially by technical or functional considerations to obtain a technical result, it shall not be protected. However, such work may be protected as a trade mark if it has acquired second - ary meaning. Protection for Specific Marks Certain marks in the Philippines are afforded protec - tion under specific laws or sui generis systems rather than general trade mark regulations. For instance, Republic Act No 10530 provides special protection to the Red Cross emblem and its derivatives, prohibit - ing the unauthorised use thereof, in order to safeguard their humanitarian significance and ensure they are not exploited for commercial purposes. Protection for Famous Marks The IP Code grants protection to marks that are rec - ognised as being well known internationally and in the Philippines, whether registered in the country or not. The scope of protection depends on the mark’s status, as follows: tion with persons, living or dead. Protection for Industrial Designs • for unregistered well-known marks, protection is limited to identical or similar goods or services for which the mark is well known; and • for registered well-known marks, the exclusive right to use extends even to dissimilar goods or services, provided that such use suggests a con - nection to the registrant that may cause damage or prejudice. When determining if a mark is well known, Philippine authorities consider the perception of the relevant sector of the public rather than the general public,
• position marks; • hologram marks; • motion marks; and • collective marks. Trade dress and certification marks
Trade dress, which is the overall visual appearance of a product or a service, is protected if it is distinctive and non-functional, and identifies the source. Non- distinct trade dress may still be protected if it has established secondary meaning and/or is well known. Certification marks signify that goods or services meet specific standards and are protected in the Philippines under the 2023 Trademark Regulations. Geographical indications Geographical indications (GIs) are protected under the IP Code and the Rules and Regulations on Geo - graphical Indications. GIs identify goods as originat - ing from a specific region, with qualities, reputation or characteristics that are essentially attributable to their geographical origin. The Rules provide a sui generis system that allows producers, associations or govern - ment agencies to register their GIs with the IPOPHL and prevent their unauthorised use. Colour marks Colour marks defined by a given form may be regis - tered. Otherwise, they require evidence of acquired distinctiveness. Names There are no specific rules for using one’s surname as a trade mark in the Philippines, subject to the general rules of registrability under the IP Code, specifically Section 123.1 (c), which states that a mark cannot be registered if it: • consists of a name, portrait or signature identifying a particular living individual without their written consent; or
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