I.Protect: Deceptive trademarks

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Thursday, March 13, 2014


Clint Fabiosa & Ana Liza Villamor

THE Intellectual Property Code does not allow the registration of deceptive trademarks. Deceptive marks are those that do not give a correct description of the composition, character, use, function, or quality of the goods or services and which might mislead consumers to believe that the wrong description is correct. In the US, examples of marks held to be deceptive are: “SUPER SILK” used for clothing, dress shirts, and sport shirts made of silk-like fabric but not real silk, “LONDON LONDON” used for clothing which have no connection with London, “COLAGNAC” for cola-flavored liquer containing Spanish brandy as it might be mistaken to contain “COGNAC,” “IVORY WOOD” for lumber and timber products not made of ivorywood, “SILKEASE” used for clothing not made of silk, and “ORGANIK” used for clothing and textile from cotton that is not from an organically-grown plant.

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

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Published in the Sun.Star Cebu newspaper on March 14, 2014.

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