Dear Atty. Duran-Schulze,

My mark is similar to a trademark which has been already registered, can I still register mine? What should I do? 

Dear Writer,

Pursuant to Section 123 of the Intellectual Property Code, a trademark cannot be registered if it is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of:

  • The same goods or services;
  • Closely related goods or services; or
  • If it nearly resembles such a mark as to be likely to deceive or cause confusion. 

 

Therefore, if the trademark application is confusingly similar or identical to a registered mark, the Intellectual Property Office (IPO) will likely reject the application to avoid any confusion among consumers. 

It bears stressing that upon registration of a mark, the IPO grants the trademark owner an exclusive right to use the mark and a right to seek legal action against the person who will use and/or create a mark that resembles it. Thus, if a mark has already been registered and you think the mark you are applying will likely confuse the public considering that the registered mark and your mark are used to identify the same class or goods, consider not using the mark contemplated. Otherwise, you might face legal consequences. Consider revisiting your mark instead, making it unique to avoid confusion of the mark viz the already existing registered mark.

 

Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482, or email info@duranschulze.com for more information.