WHEN DOES A WEBSITE CONSITUTE PROOF OF ACTUAL USE SUFFICIENT TO MAINTAIN A TRADEMARK REGISTRATION IN THE PHILIPPINES?

March 22, 2018

       Mere exhibition of a trademark in a website is not sufficient.       There must be an actual commercial transaction through the website or at the very least, the website must show that it intends to target local consumers by containing specific…

MOTOROLA SUCCESFULLY BLOCKS AT FIRST INSTANCE THE REGISTRATION OF “MOTOMO”

February 14, 2018

Motorola Trademark Holdings, Inc. opposed the registration of MOTOMO filed by respondent-applicant Yuling Lin for use on “cellphone accessories namely, cellphone cover, cellphone cases, screen protector, headphones; headsets, carrying cases for headphones”. The competing marks are shown below: In its Decision dated…

FROST BITES

February 3, 2018

Last 22 December 2017, the Bureau of Legal Affairs of the Intellectual Property Office of the Philippines dismissed Wendy’s International LLC’s opposition against Costa Limited’s trademark application for “FROSTINO” for “ice based drinks containing coffee, vanilla, and/or chocolate” in Class 30 and…

Is the trademark DUNLOHOO confusingly similar to the registered trademark DUNLOP?

January 17, 2018

(Sumitomo Rubber Industries Limited v. Rizhao Kaishun Tire Co. Ltd. (Nov. 16, 2017) Sumitomo Rubber Industries Limited opposed the DUNLOHOO trademark application of Rizhao Kaishun Tire Co., Ltd (“Rizhao”) on the basis of its existing registration for DUNLOP which covers “tyres made…

PROVE IT FIRST

August 24, 2017

The copyright infringement case revolved around the question: “Is FSBPT required to present evidence that it is the owner of a copyright over the NPTE questions purportedly infringed?” Short answer: “YES The Federation of State Boards of Physical Therapy (FSBPT), an organization…

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