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Showing 1–15 of 15 articles for “prior use”

Trademark Ownership in the Philippines: Why Registration Beats Prior Use

Philippine trademark law shifted from use-based to registration-based ownership. Learn how the "Mr. Gulaman" case clarifies the rules and risks.

Trademark Ownership in the Philippines: When Bad Faith Defeats First-to-File

Prior use can defeat a first-to-file trademark application if the applicant acted in bad faith. Learn the rule and its exceptions.

Trademark Ownership in the Philippines: Prior Use vs. Registration

The Supreme Court clarifies that trademark ownership in the Philippines is anchored on actual use, not mere registration, in a landmark ruling.

Trademark Ownership in the Philippines: Prior Use vs. Registration

The Supreme Court clarifies that trademark ownership in the Philippines is rooted in actual use, not mere registration. Learn the rules.

Trademark Ownership in the Philippines: First-to-File Rule Explained

The Supreme Court clarifies that under the IP Code, trademark ownership is acquired through registration, not prior use.

Trademark Ownership Rests on Prior Use, But Related Goods Still Matter

Philippine Supreme Court clarifies trademark ownership via prior use and the test for related goods in SAKURA dispute.

Trademark Confusion: Prior Use and Consumer Deception in Philippine IP Law

The Supreme Court ruled that PHILITES is confusingly similar to PHILIPS, applying both the dominancy and holistic tests in trademark law.

Trademark Ownership: Prior Use Trumps Earlier Filing in Philippine Law

Philippine Supreme Court clarifies that in trademark disputes, actual prior use in commerce prevails over an earlier filing date under RA 8293.

Trademark Confusion: Protecting Prior Use and Registration Rights

The Supreme Court explains how prior use and registration of a trademark defeat a later application for a confusingly similar mark.

Trademark Rights in the Philippines: Prior Use vs. Registration Explained

Philippine Supreme Court ruling on whether trademark rights come from prior use or registration, and why distributors cannot own the marks they sell.

Unregistered Trade Names Protected Under Philippine IP Law: Coffee Partners v. San Francisco Coffee

Philippine Supreme Court clarifies that unregistered trade names are protected from infringement under RA 8293, requiring only prior use in commerce.

Trademark Ownership in the Philippines: Why Prior Use Beats Registration Alone

The Supreme Court explains why actual use in commerce, not mere registration, determines trademark ownership under Philippine law.

Trademark Protection Prior USE Trumps Registration IN Trademark Disputes

Prior Use of a Brand Name Prevails Over Copyright or Patent Claims

Philippine Supreme Court ruling on why trademark rights based on prior use trump copyright or patent registrations in brand name disputes.

Prior Use and Confusing Similarity in Trademark Cancellation Cases

Philippine Supreme Court explains prior use, confusing similarity, and the Paris Convention in trademark cancellation disputes.