I.Protect: Barbie

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Thursday, April 10, 2014


Clint Fabiosa & Ana Liza Villamor

Mr. Uy filed a trademark application for registration of the trademark “BARBIE” for use on confectionary products, such as milk, chocolate, candies, milk bars and chocolate candies in Class 30 of the International Classification of Goods. Mattel, Inc., a corporation organized under the laws of the State of Delaware, United States of America, filed a Notice of Opposition against Mr. Uy’s “Barbie” trademark arguing that the latter was confusingly similar to its trademark on dolls, doll clothes and doll accessories, toys and other similar commercial products.

While the case was ongoing, Mr. Uy did not file a Declaration of Actual Use to prove his use of the trademark and which is a requirement in order for his trademark application not to be refused by the Intellectual Property Office. The Supreme Court ruled that due to his failure to file a Declaration of Actual Use, Mr. Uy has effectively abandoned or withdrawn any right or interest in his trademark.

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While Mattel sought a ruling on whether Mr. Uy’s “Barbie” trademark is confusingly similar to its (Mattel’s) “Barbie” trademark, the Court held that the case has become moot and academic, given Mr. Uy’s abandonment of his trademark by his non-filing of the required Declaration of Actual Use. It would be unnecessary to rule on the trademark conflict between the parties. (Mattel, Inc. vs. Francisco, GR No. 166886, July 30, 2008)

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

Published in the Sun.Star Cebu newspaper on April 11, 2014.

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