ALTARES, PHILIP WILLIAM C.

4B
ASSIGNMENT NO. 2- Can the name "Lady of Penafrancia" be
trademarked by you?

Republic Act 8293 defined trademark as any visible sign capable of

distinguishing goods. Under said law, particularly Art. 121.1, provides
for the circumstances that are not capable of registering as
trademark. Does the Our Lady of Penafrancia be registered as
trademark under Philippine Law?
One will argue that the constitution provides for the separation of the
church and state hence some laws may not apply to a church or
sects. However, Churches are businesses too. They are more than
that, of course, but they have a responsibility to operate and serve in
responsible business ways. Churches also have obligations to their
members to be responsible in the use of their assets and "brands." I
think it follows, by extension, that to have a name and logo that is
unique and has value means to protect it through copyright,
trademark, and other legal means, or others will use it and devalue
what the church has put into it. Just because it is a church doesn't
mean that the congregation doesn't have commercial value, branding
rights, and reasons to protect the same.
Basically, a religious symbol is trademarkable as long as it meets
the other requirements that youre using it to brand your products or
services and the mark does not disparage, bring into contempt, or
disrepute any persons, institutions, beliefs, or national symbols. In
other words, the mark cant be offensive to anyones religious beliefs.
If you successfully trademark a religious symbol, the legal protection
will only serve to prevent your competitors from using the religious
symbol in a way that would cause consumers to be confused as to
where the goods or services are coming from. The trademark would
not prevent individuals from using the symbol in non-competitive
ways, nor would it prevent the associated religion from using the
symbol in worship.

Our Lady of Penafrancia can be register for trademark so long as it

does not offend the religious beliefs of the Roman Catholic or similar
faithful.

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