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BEST PRACTICES FORUM April 25, 2008 The Fort, Taguig City

BEST PRACTICES FORUM April 25, 2008 The Fort, Taguig City. LENY B. RAZ Director, Bureau of Trademarks Intellectual Property Office of the Philippines. Trademarks have been used as early as 5000 BC. History of Trademarks. Some of the oldest continuously used trademark in the world.

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BEST PRACTICES FORUM April 25, 2008 The Fort, Taguig City

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  1. BEST PRACTICES FORUM April 25, 2008 The Fort, Taguig City LENY B. RAZ Director, Bureau of TrademarksIntellectual Property Office of the Philippines

  2. Trademarks have been used as early as 5000 BC History of Trademarks

  3. Some of the oldest continuously used trademark in the world Lowenbrau (in use since 1383) Stella Artois (1366) Wielicka salt (1241?) Weihenstephaner beer (1040?) Weltenburger Kloster Barock Dunkel beer (1050?)

  4. Some of the oldest continuously used trademark in the IP Philippines Database Local: RPM Reg No. :000410 Reg. date :4/26/49 Registrant :Caltex Philippines, Inc. Goods :Lubricating oils and greases

  5. Some of the oldest continuously used trademark in the IP Philippines Database Foreign: COLGATE Reg. No. :002917 Reg. Date :3/17/1931 Registrant :Colgate-Palmolive Company Goods : Dental cream, dental powder

  6. Any visible sign capable of distinguishing the goods (trademark) services (service mark) of an enterprise. Marked or stamped containers are also considered “marks.” (Sec. 121.1 IP Code) Definition of Trademark

  7. EXAMPLES OF MARKS • WORDMARK RD MARK • SYMBOL(BENCH DEVICE BY BENCH) • PHRASE/SLOGAN/TAGLINE • PHRASE/ • COMBINATIONOF WORD AND SYMBOL

  8. Functions of Trademark • SOURCE IDENTIFIER Nike products Coca-cola products

  9. PURPOSES/FUNCTIONS OF TRADEMARKS DIFFERENTIATOR nike swoosh three stripes • soft drink • shoes

  10. QUALITY INDICATOR Established marks are guarantees of quality.

  11. ADVERTISING DEVICE Jollibee, langhap sarap Sarap to the bones

  12. SIGNIFICANCE OF TRADEMARKS TO AN ENTERPRISE • Trademarks are a company’s valuable asset. • A mark, having been registered, in effect, safeguards one of the company’s invaluableassets. • It wins customer’s loyalty and patronage • The goodwill and reputation generated by a trademark may protect the products/services of an enterprise from confusion that may be brought about by overlapping markets and and will keep the same afloat amidst legal conflicts.

  13. 2007 TOP 10 GLOBAL BRANDS Brand Value ($m) 1. Coca Cola 65,324 2. Microsoft 58,709 3. IBM 57,091 4. GE 51,569 5. Nokia 33,696

  14. 2007 TOP 10 GLOBAL BRANDS Brand Value ($m) 6. Toyota 32,070 7. Intel 30,954 8. Mc Donalds 29,398 9. Disney 29,210 10. Mercedes Benz 23,568

  15. NON-REGISTRABLE MARKS Filipina Mail to Order Bride *marks against public order or morality

  16. Fernando Poe Jr. Fernando Poe Jr. *names, portraits or signatures

  17. *identical or confusinglysimilar Versus Levi’s Levise • both marks are applied to clothings

  18. Cane Vinegar INKLESS for sardines ballpens *generic mark *misleading marks *customary or usual in trade

  19. *descriptive marks COLD for ice cream FIT forshirts *merely colors or shapes necessitated by technical factors frame of eyeglasses for eyeglasses frame of eyeglasses for eyeglasses

  20. Bureau of TrademarksIntellectual Property Philippines I. Who are our customers? SMEs – IP as strategic business tool. Policy makers – partners in shaping a good business environment Education & Research Institutions – generators of IP IP Practitioners – speedy disposition of applications

  21. Number of Applications Filed (2003-2007)

  22. What do customers want? Reduced turnaround time • First action pendency (from filing of application to issuance of registrability report/official action) • Prompt examiner’s action on applicant’s response • Final action on the application

  23. High quality trademarks Trademarks registered only after thorough search and examination Registered trademarks can withstand opposition or cancellation Availability of more filing options

  24. IP Philippines’ Response Reduced turnaround time Streamlined business process to eliminate non-value adding processes Target first action pendency: 4 months from filing Examiner’s are required to act on applicant’s response within one month Two-action rule for compliance by examiners/ no piecemeal actions

  25. IP Philippines’ Response

  26. IP Philippines’ Response • Full use of electronic tool (Trademark Electronic Application Management Systems [TEAMS]; Trademark E-Gazette; Electronically-generated TM Certificates) • Target TAT from filing to registration: 15 months • Eliminated backlog

  27. IP Philippines’ Response

  28. IP Philippines’ Response High quality trademarks TM Database clean-up; enhancement of search tool Preparation of manual for TM examination Program for Quality Assurance Mechanism at all levels of the TM Registration process

  29. IP Philippines’ Response Availability of more filing options and accessibility of services TM Online Electronic Filing Establishment of satellite offices Development of electronic filewrapper system accessible to applicants 24/7 from any location

  30. IP Philippines’ Response Provision of feedback mechanism: Stakeholders’ Forum for IP owners and attorneys Conduct of IP awareness for a as another means to solicit feedback

  31. Other Initiatives Accession to Madrid Protocol Accessible mechanism for Filipinos to file trademark applications Opportunity for Filipino brands to penetrate foreign markets Comprehensive developmental program for the effective use of and registration for collective and certification marks Non-traditional trademarks

  32. Future Directions Present Structure of IP Philippines

  33. Baguio Pampanga Cebu Davao Structure of the Satellite Offices

  34. IP Champions in DTI Offices

  35. How good we are is measured by what our customers, stakeholders, and other IP offices say about us

  36. Intellectual Property Office of the Philippines 351 Sen. Gil Puyat Ave., Makati City www.ipophil.gov.ph leny.raz@ipophil.gov.ph

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