Intellectual Property Law Flashcards
Where is a copyright registered
national library
Where are patents and trademarks registered
intellectual property office
The protection for copyright starts from its _____________
the protection for patent starts from its _____________
the protection for trademark starts its ______________
creation; application; issuance of certificate of registration
Duration of rights
- Of copyright
- Of patent
- Of trademark
lifetime of the author plus 50 years after death
20 years
10 years
It means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods
mark
It means any visible sign that ignited as such in the application for registration and capable of distinguishing the origin or any other common characteristic including to quality of goods or services of different enterprises which used the sun under the control of the registered owner of such
collective mark
It means the name or designation identifying or distinguishing an enterprise
trade name
It denotes such a closed or ingenious imitation as to be calculated to deceive ordinary persons or such a resemblance to the original as to deceive an ordinary purchaser given such attention as a purchaser usually gives and to cause him to purchase the one supposing it to be the other
colorable imitation
Are those which constitute the common descriptive name of an article or substance or comprise the genus of which the particular product is a species or or commonly used as the name or description of a kind of goods or imply reference to every member of the genus and the exclusion of individuating characters or refer to the basic nature of the wares or services provided rather than to the more idiosyncratic characteristics of a particular product and or not legal you protectable
generic terms
As under student its normal and natural sense, it forthwith conveys the characteristics, functions, qualities or ingredients of a product to one who has never seen it and doesn’t know what it is or if it forth with conveys an immediate idea of the ingredients qualities or characteristics of the goods or if it clearly denotes what goods or services are provided in such a way that the consumer does not have to exercise powers of perception or imagination and therefore invalid as a trademark
descriptive terms
Are those which in the phraseology of one court, required imagination, thought and perception to reach a conclusion as to the nature of the goods. Such terms which subtly connote something about the product or eligible for protection in the absence of secondary meaning. While these are capable of shedding some light upon certain characteristics of the goods or services in dispute, they nevertheless involve an element of incongruity, figurative less, or imaginative effort on the part of the observer
suggestive terms
Under this doctrine, a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrases come to mean that the article was his produce
doctrine of secondary meeting
Certificate of registration of a mark shall be conclusive evidence of the validity of the registration. True or false
false, it is a prima facie evidence
Is a local application of a trademark when an earlier application is filed abroad
priority claim
Priority claim is filed within ________ from filing of priority application.
6 month
True or false, failure to file a local application is treated as a waiver of priority claim
true
Rights to a trademark shall be ________ from registration
10 years
The rights to a trademark in a certificate of registration may be renewed for periods of _________ at its expiration upon payment of the prescribed fee at a pond filing a request at any time within _______ before expiration or within ________ after such exploration upon payment of an additional
10 years; 6 months; 6 months
A declaration of actual use shall be filed within ________ from filing date of application, extensible for another ________ otherwise it should be team and abandonment of the application
3 years; 6 months
Another declaration of actual use shall be filed within ______ from the 5th anniversary of the registration of the mark, otherwise, the mark shall be removed from the register by the office
and within ________ from the date of renewal of the trademark registration
1 year; 1 year
It is a theory in which the exclusive right of the owner of a well-known mark which is registered in the philippines, shall extend to goods and services which are not similar to those in respect of which the marquis registered
theory of dilution
True or false. Registration of marks can be assigned and transferred
true; recorded at the office in the name of the assignee or transferee
True or false assignments and transfers shall have no effect against third parties until they are recorded at the office
true
Who can petition to cancel a registration of a mark under this act to the bureau of legal affairs
any person who believes that he is or will be damaged by the registration of a mark
Any person who shall, without the consent of the owner of the registered mark used in commerce and production of a registered trademark in connection with the sale which such use is likely to cause confusion or to cause mistake or to deceive
trademark infringement
It is an infringement test which considers the entirety of the marks in question
holistic or totality test
It is a test on infringement which focuses on prevalent or dominant features
dominancy test
What are the remedies for trademark owner in case of infringement
- Recover damages which shall be based on the reasonable profit which the complaining party would have made double percentage based upon the amount of gross sales of the defendant; maybe doubled if there was an intent to mislead or defraud
- Sick injunction
- Sick the destruction of infringe in materials without compensation
True or false. A registered mark shall have no effect against any person who invent faith before the filing date or the priority date was using the mark for the purposes of his business or enterprise
true. Prior user in good faith
The following shall be deemed guilty of unfair competition
- Any person, who in selling his goods shall give them the ____________________________, either as to the goods themselves or in the wrapping of the packages in which they are contained or the devices or words thereon or in any feature of their appearance which would be likely to influence purchasers to believe that the goods offered or those of a manufacturer or dealer other than the actual manufacturer or dealer
- Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is __________________ who has identified such services in the mind of the public;
- Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to ________________________
general appearance of goods of another manufacturer or dealer; offering the services of another; discredit the goods, business or services of another
Penalty for unfair competition: imprisonment of ______________ and or or fine of ____________
2 to 5 years; 50,000 to 200,000