I.Protect: Trademark cancellation

-A A +A

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.


DISCLAIMER: Sun.Star website welcomes friendly debate, but comments posted on this site do not necessary reflect the views of the Sun.Star management and its affiliates. Sun.Star reserves the right to delete, reproduce or modify comments posted here without notice. Posts that are inappropriate will automatically be deleted.

Forum rules: Do not use obscenity. Some words have been banned. Stick to the topic. Do not veer away from the discussion. Be coherent and respectful. Do not shout or use CAPITAL LETTERS!
  • Festivals
  • Obituary
  • Sinulog
  • Filipino Abroad
  • Sunstar Multimedia
  • Papal Visit
  • Pacman blog
  • Philippine Polls
  • Calamity Report
  • ePaper
  • goodearth
  • SunStar Celebrity
  • Technology
  • Sun.Star Zup!
  • Pnoy
  • tell it to sunstar
  • Habemus Papam