PART
8 EFFECT
AND NOTICE
OF REGISTRATION
Rule 800.
Rights conferred. (a) The owner of a
registered mark
shall have the exclusive right to prevent all third parties not having
the owner’s consent from using in the course of trade identical or
similar
signs or containers for goods or services which are identical or
similar
to those in respect of which the mark is registered where such use
would
result in a likelihood of confusion. In case of the use of
an identical sign for identical goods or services, a likelihood of
confusion
shall be presumed.
(b) The exclusive
right of the owner of a well-known mark which is registered in the
Philippines,
shall extend to goods and services which are not similar to those in
respect
of which the mark is registered: Provided, That use of the mark
in
relation to those goods or 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.
Rule
801.
Duration. A certificate of registration shall remain in force
for ten (10) years; Provided, That, without need of any notice from the
Office, the registrant shall file a declaration of actual use and
evidence
to that effect, or shall show valid reasons based on the existence of
obstacles
to such use, as prescribed by these Regulations, within one (1) year
from
the fifth anniversary of the date of the registration of the
mark.
Otherwise, the Office shall remove the mark from the Register.
Within
one (1) month from receipt of the declaration of actual use or reason
for
non-use, the Examiner shall notify the registrant of the action taken
thereon
such as acceptance or refusal.
Rule
802.
Non-use of a mark when excused. (a) Non-use of a
mark may be excused if caused by circumstances arising independently of
the will of the trademark owner. Lack of funds shall not excuse
non-use
of a mark.
(b) The special
circumstances to excuse non-use in affidavits of non-use shall not be
accepted
unless they are clearly beyond the control of the registrant such as
the
prohibition of sale imposed by government regulation.
Rule
803.
Use of a mark in a different form. The use of the
mark in
a form different from the form in which it is registered, which does
not
alter its distinctive character, shall not be ground for cancellation
or
removal of the mark and shall not diminish the protection granted to
the
mark.
Rule
804.
Use of a mark for goods belonging to the class
registered.
The use of a mark in connection with one or more of the goods or
services
belonging to the class in respect of which the mark is registered shall
prevent its cancellation or removal in respect of all other goods or
services
of the same class.
Rule
805.
Use of a mark by related company. The use of a mark
by a company
related with the registrant or applicant shall inure to the latter’s
benefit,
and such use shall not affect the validity of such mark or of its
registration:
Provided, That such mark is not used in such manner as to deceive the
public.
If use of a mark by a person is controlled by the registrant or
applicant
with respect to the nature and quality of the goods or services, such
use
shall inure to the benefit of the registrant or applicant.
Rule 806. Certificate
of registration; records and copies in registered cases.
A certificate of registration of a mark shall be prima facie evidence
of
the validity of the registration, the registrant’s ownership of the
mark,
and of the registrant’s exclusive right to use the same in connection
with
the goods or services and those that are related thereto specified in
the
certificate.
After a mark or trade
name or name or other mark of ownership has been registered, the
statement,
the drawings, and all documents relating to the case are subject to
general
inspection, and copies will be furnished upon payment of the required
fees.
Rule 807. Contents
of certificate of registration. The certificate of registration of
a mark shall include a reproduction of the mark and shall mention its
number,
the name and address of the registered owner and, if the registered
owner’s
address is outside the country, his address for service within the
country;
the dates of application and registration; if priority is claimed, an
indication
of this fact, and the number, date and country of the application,
basis
of the priority claims; the list of goods or services in respect
of which registration has been granted, with the indication of the
corresponding
class or classes; and such other data as the Regulations may prescribe
from time to time.
Rule
808.
Use of indications by third parties for purposes other than
those for
which the mark is used. Registration of the mark shall not
confer
on the registered owner the right to preclude third parties from using
bona fide their names, addresses, pseudonyms, a geographical name, or
exact
indications concerning the kind, quality, quantity, destination, value,
place of origin, or time of production or of supply, of their goods or
services: Provided, That such use is confined to the purposes of
mere identification or information and cannot mislead the public as to
the source of the goods or services.
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