I.Protect: Immoral and scandalous

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Thursday, January 16, 2014

Clint Fabiosa & Ana Liza Villamor

SECTION 123.1 (a) of our Intellectual Property Code provides that a trademark which is immoral or scandalous cannot be registered. In the US, the photograph of a naked man and woman who were kissing and embracing which was to be used as a trademark for a newsletter for social and interpersonal relationships was declared to be scandalous (In re McGinley, 660 F.2d 486, 211 USPQ 673). The design of a pooing dog used for T-shirts and polo shirts was also held to be scandalous (Greyhound Corp. vs. Both Worlds, Inc. 6 USPQ2d 1635). The spelled-out version of “B.S.” to be used for brief cases, hand bags, purses, belts, and wallets was ruled to be profane and scandalous (In re Tinseltown, Inc. 212 USPQ 863).

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

Published in the Sun.Star Cebu newspaper on January 17, 2014.


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