LIP UBANA
LAW ON TRADEMARKS
Sec. 123. Registrability.
123.1. A mark cannot be registered
if it:
(a) Consists of Immoral,
DairyCows Co. using this picture
with the phrase Got Milk?
California Queens
Lingerie
Deceptive
-and-
Proposed mark Lovee Lamb for
an all synthetic automobile seat
cover. The Court of Appeals for the
Federal Circuit held that this mark
was deceptive in that it falsely
suggested that the seat covers
contained wool and therefore
prospective consumers would
likely believe that using the word
Lamb in the mark was an
accurate description of the material
used to construct the seat covers,
especially since sheepskin seat
covers were available in the
marketplace.
or scandalous matter,
The case of the Chinatown dance
rock band, The Slants. The band
felt that they would have no
problem registering the name of
the band because they were the
only ones that used it. However the
USPTO found that the term slant
was a derogatory term for
someone of Asian descent and
therefore the application was
rejected. The Slants were
surprised to say the least
especially because according to
their press release regarding this
issue they are widely known as an
advocate for Asian American
rights, being involved with
numerous API [Asian and Pacific
Islander] organizations and
charities. The Slants have traveled
throughout North America
representing racial justice
workshops, inspiring youth to
reconsider stereotypes of Asian
Americans, to take pride in their
cultural heritage.
-and-
SLUT SHAMING TAPES- name for
an adult video store selling sex
tapes and pornography
or matter which may disparage
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(b) Consists of the flag or coat of

arms or other insignia of the
Philippines or any of its political
subdivisions, or of any foreign
nation, or any simulation
thereof;

NIGGA JEANS
-and-
Using this mark/seal in selling
Redskin football teams trademark Manila Mangoes.
registration because it considers
the name and logo disparaging to
Native Americans.

Using this mark in a furniture shop

specializing in bamboo.

or falsely suggest a connection

(c) Consists of a name, portrait or
with persons, living or dead,
signature identifying a particular
institutions, beliefs, or national
living individual except by his
symbols, or bring them into
written consent, or the name,
contempt or disrepute;
signature, or portrait of a
deceased President of the
Philippines, during the life of his
BLUE IVY CARTER NYC for a
widow, if any, except by written
clothing line. The examiner showed
consent of the widow;
evidence that Blue Ivy Carter is the
child of famous musicians Beyonc
and Jay-Z and held that the
purchasing public would presume
that there is a connection between
the famous Blue Ivy Carter and the
applicants clothing line.

Using the name Vice Ganda Using Trumps Picture as a mark in

Makeup for a beauty care store. selling women undergarments with
the words I APPROVE
LIP UBANA

the mark of a person other than

Using F. Marcos signature and
name F.Marc as a brand in selling
Barong Pilipino without Imelda
Marcos consent.
(d) Is identical with a registered
mark belonging to a different
proprietor or a mark with an
earlier filing or priority date, in
respect of: (i) The same goods or
services, or (ii) Closely related
goods or services, or (iii) If it
nearly resembles such a mark as
to be likely to deceive or cause
confusion;
the applicant for registration,
and used for identical or similar
goods or services: Provided,
That in determining whether a
mark is well-known, account
shall be taken of the knowledge
of the relevant sector of the
public, rather than of the public
at large, including knowledge in
the Philippines which has been
obtained as a result of the
promotion of the mark;

Using this mark in selling skincare

-and- and whitening creams.
Starbucks case against Caf de
Manila Corp-
Cafe de Manila Corp had filed an
application to use the phrase "The
Frap Bar Everyone Deserves and
Designs" on its coffee products.
Starbucks owns the trademark to
"Frappucino," which refers to its
line of frozen coffee drinks.
The Intellectual Property Office's Using this mark in replacing flat
Bureau of Legal Affairs (BLA) ruled tires and car wash services.
in favor of Starbucks in the dispute,
citing the Intellectual Property
Code of the Philippines Sec 123
(f) Is identical with, or
(d).
confusingly similar to, or
constitutes a translation of a
(e) Is identical with, or mark considered well-known in
confusingly similar to, or accordance with the preceding
constitutes a translation of a paragraph, which is registered in
mark which is considered by the the Philippines with respect to
competent authority of the goods or services which are not
Philippines to be well-known similar to those with respect to
internationally and in the which registration is applied for:
Philippines, whether or not it is Provided, That use of the mark in
registered here, as being already relation to those goods or
LIP UBANA

services would indicate a

connection between those
goods or services, and the
owner of the registered mark:
Provided further, That the
interests of the owner of the
registered mark are likely to be
damaged by such use;
DENIM (TM)
Using the words Del Monte in
selling kitchenware. (i) Consists exclusively of signs
or of indications that have
Using the words Starbucks in become customary or usual to
selling stationary and art materials. designate the goods or services
in everyday language or in bona
fide and established trade
(g) Is likely to mislead the public, practice;
particularly as to the nature,
quality, characteristics or
geographical origin of the goods
or services;
Using the name Tokyo Finds but
selling Philippine souvenirs.
Using the name Naturally Squirrel KILOGRAMS- laundromat that
as a brand name for a Makeup charges clothes kgs.
Brush when in truth, they are
selling synthetic makeup brush
bristles which mislead the people in
thinking they are selling natural
brush bristles using squirrel hair.

(h) Consists exclusively of signs

that are generic for the goods or
services that they seek to
identify;
PETITE- clothing store for women

(j) Consists exclusively of signs

or of indications that may serve
MACHIATTO in trade to designate the kind,
quality, quantity, intended
purpose, value, geographical
origin, time or production of the
goods or rendering of the
services, or other
characteristics of the goods or
services;
LIP UBANA

Blacks- Brand name for a Coal trademark. Since it is an illegal

Manufacturing Company drug, use of the word as a
trademark would give the
Rough Patch- Gravel and Sand impression of supporting or
Company encouraging use of the drug.
(k) Consists of shapes that may
be necessitated by technical
factors or by the nature of the
goods themselves or factors
that affect their intrinsic value;

A mark which leads to fear or

superstition, affecting mental or
physical health.
SPHERE

(l) Consists of color alone, unless

defined by a given form; or
CYAN, PURPLE
(m) Is contrary to public order or
morality.

Soft Drink Co. naming their brand

SHABU

A mark that is likely to encourage

crime, violence or terrorism or to
disturb social order for example,
the term 'cocaine' used as a