TradeMark

1. First to File rule

Application - Registration is not a means to own a mark

- prima facie evidence of ownership

Exemplified in the TRIPS agreement

TRIPS

- national treatment

- most favored nation

- principle of independence of protection

Application - Registrability

Doctrine of Secondary Meaning

-

Affiliate - Sister company

Ginebra = generic mark

Section 123.4

- Is identical with a registered mark belonging to a different

proprietor or a mark with an earlier filing or priority date.

i. The same goods or services - principle of goods principle.

ii. Closely related goods or services - related goods law.
-same classification
-same channel of goods
-same characteristics
iii. If it nearly resembles such a mark as to be likely to
deceive or cause confusion - confusion of business principle

- First 2 relied more on the goods - indentical or related

- on the 3 - the resemblance of the mark - confusion of business / unfair
competition

iii.
- Earlier priority date

2. Use - Within 1 year from the 5th anniversary, within 1 year of the renewal of
registration
IPV - infringement

innocent onfringer
166-0168