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TRADENAMES

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1TRADENAMES Empty TRADENAMES Tue Sep 23, 2008 5:02 pm

barrister

barrister
Reclusion Perpetua

1. Definition – the name or designation identifying or distinguishing an enterprise
2. The following may not be used as tradenames:

a. If by its nature or the use to which the name or designation may be put, it is contrary to public order or morals.
b. If it is liable to deceive the public as to the nature of the enterprise identified by the name.
c. If the trade name is similar to a mark or a trade name owned by another person and its use would likely mislead the public.
3. Registration - Trade names are protected even prior to or without registration. Thus, non-registration of the trade name with the Securities and Exchange Commission or the Department of Trade and Industry will not deprive the owner thereof the right granted to him by the IP Code.
4. Right of Owner of Tradename - The IP Code deems unlawful any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public. The remedy against the unlawful use of a trade name would be a civil action for damages and injunction.

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