Philippines Supreme Court Rejects Similar Trademark Registration

The Supreme Court of the Philippines recently rejected a trademark application for a mark found too similar to an existing registered mark. The decision emphasized that similarities in design and appearance likely to confuse purchasers violate provisions of the Trademark Act.

The ruling came in response to a petition highlighting practices that contravene Section 18(5) of the Trademark Act, 1999. The court stressed protection against marks that could mislead the public regarding source or affiliation.

This outcome aligns with prior jurisprudence stressing good faith and commercial reality in trademark examination and enforcement. The Intellectual Property Attorneys Association had raised concerns about inconsistent application of similarity standards.

The decision provides clarity for applicants and rights holders on the scope of registrable marks in the jurisdiction.

Sources: https://www.facebook.com/tribunephl/posts/supreme-court-rejects-too-close-trademarkthe-supreme-court-rejected-autophil-zon/1502467515262997/ https://www.pna.gov.ph/articles/1276311