Professional Documents
Culture Documents
Q: Trade name?
Name a person uses to identify his products, to distinguish his product from others
Q: Service name?
Name a person uses to identify his service
ie: Car
Q: Business name?
-NOT REGULATED BY IPO
-DEPARTMENT OF TRADE AND INSDUSTRY under the BUREAU OF COMMERCE - if a person would
put up a sign, using a name, not his true name, he should register that name
of the ownership of a business
Selecta Case
The way its written
If it is registered as a trade name, register it as a trademark.
Registration Lifespan?
10 years + 10 everytime, no limit to number of renewals
Unlike patent
20 years > no renewal
Rule on use:
Where name or mark already registered in the name of another person, no other
person may use a similar or confusingly similar or confusingly similar product
1. Similar/Confusingly Similar
2. In connection with a Similar or Closely Related Product
There are 2 tests to determine likelyhood of confusing one product with another
DOMINANCY TEST
Consider prevalent features that may confuse one product with another
HOLISTIC TEST
Likely confuse one product with another
Case of:
Mens shoes, biggest supplier of combat boots
Ang Tibay case - source of Doctrine
HOLISTIC TEST
-pricing
Ang bawat sale ng mga recording stations goes to royalties to be paid to the
intellectual creator
A patent is a property
A patented property is also property
If you were the patent holder, have an unpaid creditor, your patent may be subject
to attachment
If you were the intellectual creator and you have a copyright, the copyright while
still belonging to the creator is subject to an attachment
Levy on the copyright
CH has 2 rights
1. Moral Rights - right to demand authorship be acknowledged
2. Copyright/Economic Rights - pagkakakitaan, translations, other versions, right
to copy
Q When Infringement?
Q Unauthorized Copying of a protected work
Q Is every unauthorized copying of protected work considered infringement?
No. When you quote writings of the others, for personal use
Library's may reproduce for its exclusive use in case of deteriorating old
collections, which may be duplicated in whole
News Coverage do not have copyright, pero kung may isiningit ka doon, copyrighted
If infringment is
It shall include destruction of stencils and paints
Sa typewritter may ribbon indicator
Can the court grant the motion when it doesn't have Jurisdiction?
5 ISSUES
-prematurity
-lack of cause of action
-venue
-lack of jurisdiction
you should have discussed each
should the case be dismissed? YES -> improper venue
50,000 is San Mateo outside metro manila? YES
#4 Rene