Trademark Law
Latest jurisprudence
E.Y Industrial Sales, Inc. v. Shen Dar Electricity and Machinery, G.R. No. 184850, October 20, 2010
- A registered trademark owner’s certificate of registration may be cancelled even that trademark owner is the complainant in a petition for cancellation of an adverse trademark. You can fall on your sword, so to speak.
- A Declaration of Actual Use (requirement for trademark registration) although notorized, hence a public document, must be accompanied by proof of actual use as of the date claimed. The trademark owner must, therefore, present evidence of such actual use.
- An earlier valid trademark registration may still be cancelled upon proof of prior and continuous use by rival trademark applicant.
- Evidence of prior and continuous use of the mark or trade name by another can overcome the presumptive ownership of the registrant and may very well entitle the former to be declared owner in an appropriate case. When the applicant is not the owner of the trademark being applied for, he has no right to apply for registration of the same
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