I.Protect: Trademark cancellation

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Thursday, September 12, 2013


Clint Fabiosa & Ana Liza Villamor

WHAT are the grounds for the cancellation of a trademark registration? Section 151 of the Intellectual Property Code provides that a petition to cancel a registration of a mark maybe filed by any person who believes that he is or will be damaged by the said registration. Such petition maybe filed within 5 years from the date of the registration of the trademark. However, the petition maybe filed at any time under any of the following circumstances: a) if the registered mark becomes the generic name for the goods or services that it covers, b) it has been abandoned, c) its registration was obtained fraudulently or contrary to the provisions of the Intellectual Property Code, d) if the registered mark is being used by the registrant so as to misrepresent the source of the goods or services that it covers, and e) if the registered owner of the mark fails to use the mark within the Philippines during an uninterrupted period of three years or longer.

(clint.fabiosa@iprotect.ph / analiza.villamor@iprotect.ph)

Published in the Sun.Star Cebu newspaper on September 13, 2013.

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