PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
Names There are no specific rules for using one’s sur - name 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 • 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. Protection for Industrial Designs Product shapes or packaging may be pro - tected as trade marks or industrial designs. In both cases, if the shape or design is dictated essentially by technical or functional considera - tions to obtain a technical result, it shall not be protected in general. However, such work may be protected as a trade mark if it has acquired secondary meaning. Protection for Specific Marks Certain marks in the Philippines are afforded protection under specific laws or sui generis sys - tems rather than general trade mark regulations. For instance, Republic Act No 10530 provides special protection to the Red Cross emblem and its derivatives, prohibiting 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 recognised 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:
• word marks; • figurative marks; • slogans; • composite marks; • colour marks; • three-dimensional marks;
• position marks; • hologram marks; • motion marks; and • collective marks. Trade dress and certification marks
Trade dress, which is the overall visual appear - ance 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 mean - ing 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 Regula - tions (Memorandum Circular 2023-001). Geographical indications Geographical indications (GIs) are protected under the IP Code and the Rules and Regula - tions on Geographical Indications (IPOPHL Memorandum Circular 2022-022). GIs identify goods as originating from a specific region, with qualities, reputation or characteristics that are essentially attributable to their geographical ori - gin. The Rules provide a sui generis system that allows producers, associations or government agencies to register their GIs with the IPOPHL and prevent their unauthorised use. Colour marks Colour marks defined by a given form may be registered. Otherwise, they require evidence of acquired distinctiveness.
440 CHAMBERS.COM
Powered by FlippingBook