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Scope of Protection

   
B. Paris Convention
 
 

Kabushi Kaisha Isetan v. IAC
[GR 75420, Nov. 15, 1991]

The Paris Convention for the Protection of Industrial Property does not automatically exclude all countries of the world have signed it from using a tradename which happens to be used in one country. To illustrate — If a taxicab or bus company in a town in the United Kingdom or India happens to use the tradename "Rapid Transportation", it does not necessarily follow that "Rapid" can no longer be registered in Uganda, Fiji, or the Philippines.

“As stated by the Director of Patents — "Indeed, the Philippines is a signatory to this Treaty and, hence, we must honor our obligation thereunder on matters concerning internationally known or well known marks. However, this Treaty provision clearly indicated the conditions which must exist before any trademark owner can claim and be afforded rights such as the Petitioner herein seeks and those conditions are that:

a) the mark must be internationally known or well known;
b) the subject of the right must be a trademark, not a patent or copyright
or anything else;
c) the mark must be for use in the same or similar kinds of goods, and
d) the person claiming must be the owner of the mark (The Parties Convention Commentary on the Paris Convention. Article by Dr. Bogach, Director General of the World Intellectual Property Organization, Geneva, Switzerland, 1985)".

   
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