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IP Ass 4

This document outlines an assignment for a commercial law review on intellectual property. It provides instructions for answering 10 multiple choice questions regarding trademarks and servicemarks under Philippine intellectual property law. Specifically, it asks students to determine if "KING PIN" and a crown logo can be registered as trademarks. It also presents hypothetical legal scenarios involving trademark infringement and asks students to explain the legal recourse that could be taken. The overall summary examines trademark registration and infringement in the context of a class assignment.

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Rossette Anasario
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120 views

IP Ass 4

This document outlines an assignment for a commercial law review on intellectual property. It provides instructions for answering 10 multiple choice questions regarding trademarks and servicemarks under Philippine intellectual property law. Specifically, it asks students to determine if "KING PIN" and a crown logo can be registered as trademarks. It also presents hypothetical legal scenarios involving trademark infringement and asks students to explain the legal recourse that could be taken. The overall summary examines trademark registration and infringement in the context of a class assignment.

Uploaded by

Rossette Anasario
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ASSIGNMENT NO.

4-INTELLECTUAL PROPERTY
COMMERCIAL LAW REVIEW
Atty. Myra-Diwata A. Rivera-Caroy

INSTRUCTIONS:

1. This assignment consists of ten (10) questions calling of the pertinent provisions
of the Intellectual Property Code (RA 8292), as amended.
2. State whether the following can be registered as a trademark or a servicemark,
and explain your answer in not more than two sentences each for brevity. A
mere “YES” or “NO” answer shall not be given any credit. Limit your explanation
to just two sentences each. Place your answers right after the question/item.
3. Submit your assignment on or before 28 January 2021 at 5:00 p.m. Late
assignment outputs shall not be considered.

Topic
Trademarks

Mario is the sole proprietor of “King Pin Barongs and Suits” engaged in the manufacture
of ready-to-wear and tailored suits and barong for men. It seeks to register the
following with the IPOHIL, thus: (a) the trademark KING PIN which is set on Tahoma
font over a royal blue background; and (b) the crown logo, indicated below—

Questions:

1. Is “KING PIN” registerable as a trademark? Explain. (10%)


YES, because under Sec 121.1 trademark requires that there is any
visible sign capable of distinguishing the goods or services of an
enterprise. In here, the words KING PIN is the visible sign which
distinguishes the goods or services that King Pin Barongs and Suits
provide.
2. Is the crown logo registerable as a trademark? Explain. (10%)
NO, because it is identical with the logo of Rolex. A mark cannot be
registered if it is identical with, or confusingly similar to a well-
known brand internationally and in the Philippines (Sec 123e).

3. Suppose KING PIN is a registered trademark in the name of ABC Corporation


engaged in the business of manufacture and sale of automobile tires. It
appears that ABC Corporation holds a certificate of registration over the
trademark starting on 20 May 2020. If you are the lawyer for ABC, what
step/s should you take to protect the interests of your client? Explain. (10%)
I will file an injunction to prevent infringement of trademark under
sec. 216 since there is an unauthorized use of the trademark of my
client. I will also file an action for damages and criminal action
under Sec. 217 of IPC.

+opposition to the registration


4. Suppose the Hans Wilsdorf Foundation, the makers of Rolex watches using
the crown logo was informed of the pending application for registration of
the crown logo in Mario’s name. Does it have a cause of action even if Rolex
does not do business in the Philippines or does not maintain any resident
agent? (10%)
Yes, Under Sec. 123 (3) and 131.3 of IPC, the persons who may
question the mark include persons whose international well-known
mark, whether or not registered, is identical with or confusingly
similar to or constitutes a translation of a mark that is sought to be
registered. Thus, Rolex has a cause of action even if it does not do
business here or does not maintain any resident agent as long as
their mark has been infringed.
5. Can Mario invoke as a defense against Hans Wilsdorf Foundation that the
crown logo is to be used in a business which is totally unrelated to the
business in which the logo was used (for watches and timepieces)? Explain.
(10%)
No, because under the theory of dilution, a mark cannot be
registered if it is identical or confusingly similar to a mark
considered as well-known even to goods or services which are not
similar to the goods or services applied for.

NOTHING FOLLOWS

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