The Intellectual Property Office (IPO) has recently promulgated the Revised Rules on Mediation (IPOPHL Memorandum Circular No. 008, Series of 2018) making mediation mandatory for cases filed with the IPO.
Prior to the issuance of the Revised Rules on Mediation, intellectual property cases filed with the IPO are only referred for mediation and any one of the parties may refuse to undergo mediation. Should any of the parties refuse, the case will be referred back to the originating bureau or in case of appeal, the Office of the Director General for the continuation of the adjudication or appeal proceedings. With the new rules on mediation, parties to a case are now required to undergo mediation before the IPO’s Alternative Dispute Services.
The Philippine Intellectual Property Office released the IP Statistics relating to trademarks, patents, utility model, industrial design and copyright filings for the year 2017.
BURGER WARS: USE OF “BIG MAK” in corporate name “L.C. BIG MAK BURGER, INC.” and “SUPER MAK” brand not infringement of McDonald’s famous “BIG MAC” trademark.
This stemmed from the Petition for Cancellation filed by W Land Holdings, Inc. (“W Land”) against Starwood Hotels and Resorts Worldwide Inc.’s (“Starwood”) trademark registration for “W” covering services under Classes 43 and 44.
The Supreme Court of the Philippines held that there is a huge difference between “COFFEE MATCH” and “COFFEE-MATE” for use on Class 30 goods and that there can be no likelihood of confusion between the two.
