Trade Marks Act 1994 PDF

Trade Marks Act 1994 What is a Trademark? A Trademark is a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all others of its kind. A trademark exclusively identifies a product as belonging to a particular company...

Trade Marks Act 1994 What is a Trademark? A Trademark is a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all others of its kind. A trademark exclusively identifies a product as belonging to a particular company and recognizes the company's ownership of the brand. Trademarks are considered a form of intellectual property. Key Aspects: A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product. It legally differentiates a product or service from all others of its kind and recognizes the source company's ownership of the brand. Trademarks may or may not be registered and are denoted by the ® and ™ symbols respectively. Although trademarks do not ™- Also known as Trademark. It is often used expire, their owners must make by a company to show that their brand is new and unique to them. Used in Unregistered regular use of them in order to Brands or Products. receive the protections associated with them. ® - Used for Registered Brands, Products or Logo. Protected by the Government. © - Copyright Symbol. Grants other the right to make copies of registered or patented works.  Applied to Goods or services Criteria Distinguishes Goods or Capable of being represented for services from the Goods or graphically services of another. Registrat ion This will not be the case if, for example, that mark is already used for similar goods or services. The brand name must be distinctive. Examples of what can be registered in U.K: A. B. DESIGNS AND C. WORDS LOGOS SOUNDS D. E. SHAPES SMELLS  Registered Marks Legislation: Trade Marks Act 1994 Application is made to Trade Marks Registry: registration is not automatic. If the mark is not distinctive, it will not be registrable. Examples of marks which are not distinctive (unless they have become distinctive through use) are: - Two or three letter initials - Geographic names - Names which are descriptive of the goods or services Not e: - Trade marks are registered only through the IPOPHL in accordance with the IP Code and the Trademark Regulations of 2023 (Trademark Regulations). An applicant may register a mark in the Philippines through a national application or a designation/transformation of a Madrid application. - If registration fees are paid (every 10 years), can last forever. - Gives the right to use the : ® symbol as opposed to just the: ™ symbol. In the US there is a concept of service marks and therefore an “S” mark is sometimes used to denote this. All marks in Europe are known as trade marks, and therefore the “S” symbol is not recognized by consumers here.  Criteria for unregistered marks The common law provides protection for unregistered marks in that where the following points are proved, the owner of the unregistered mark should in theory be able to prevent the use by another of that or a similar mark. · Reputation (distinctiveness will again be important) · In relation to a particular mark. Confusion in the mind of the public Things to consider for currently used and new marks: Registration Things to consider: Reasons for registering In infringement proceedings you do not have to prove a reputation in relation to the mark: registration is sufficient -is a name given to a product or service from a specific source. -design, sign, symbol, words, or a combination of these. Function of Trademark A trade mark acts as a 'badge of origin' 1. Identifier to identify a product or service as belonging to a specific business or person. The two main functions of a trade mark are to serve as: legal 2. Differentiator protection; and. a marketing tool. The quality/ guarantee function of a trademark is related to a certain perception that the public may have 3. Quality Indicator about the goods or services designated with the mark, and the characteristic features that these goods or services may possess. 4. Advertising Device Trademark as A Business Asset Licensing: Owner retains ownership and agrees to the use of the TM by other companies in exchange of royalties > licensing agreement Franchising: Licensing of a TM central to franchising agreement. The franchiser allows franchisee to use his way of doing business (TM, know-how, customer service, s/w, shop decoration, etc.) Terms of Protection for Trademarks 10 (ten) years from the date of registration and renewable every 10 (ten) years and perpetual, Declaration of Actual Use (DAU) is required within three (3) years from the filing date; and Declaration of Actual Use (DAU) is required won the fifth (5th) year from the date of registration. One stop solution for registering and managing marks worldwide. File one application, in one language, and pay one set of fees to protect you mark in the territories of up to 98 members. What is Collective Mark? Any visible sign capable of distinguishing the origin, common characteristic, quality of goods or services of different enterprises under the control of the registered owner. What is Graphical Indication? Identify a good as originating in territory, region or locality, where given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Example of these are: Referenc e: https://www.iprotect.ph/intellectual-property-code-trademar k-01 https://www.google.com/search?q=geographical+indications+exa mples+in+philippines&tbm https://www.google.com/search?sca_esv=02824bab74a00649&sx sr https://www.investopedia.com/terms/t/trademark.asp