Other Contents:

1. Domain Name:

A domain name can be any combination of letters and numbers, and it can be used in
combination of the various domain name extensions, such as .com, .net and more.

The domain name must be registered before you can use it. Every domain name is unique. No two
websites can have the same domain name. If someone types in www.yourdomain.com, it will go to your
website and no one else's.

The price of a domain name typically runs between $15-25 per year.

With Website.com, a professional domain name is included for free with all premium site builder
plans. With our current promo, you can own a custom domain name and create your entire website at
only $1/month for the first year.

Professional emails at your domain name can also help you boost your credibility and build your
brand. Email accounts are included with Website.com Business plans and above, starting at the promo
price of just $3/month for the first year.

Domain names are used to identify one or more IP addresses. For example, the domain name
microsoft.com represents about a dozen IP addresses. Domain names are used in URLs to identify
particular Web pages. For example, in the URL http://www.pcwebopedia.com/index.html, the domain
name is pcwebopedia.com.

2. Trademark

LEGAL BASIS
 Intellectual Property Code of the Philippines (Republic Act No. 8293) (1997)
 Republic Act No. 10372, entitled ‘An Act Amending Certain Provisions of
Trademark Laws
Republic Act No. 8293, otherwise known as the ‘Intellectual Property Code of
the Philippines’, and for other purposes’ (2013)
 Rules and Regulations on Trademarks, Service Marks, Trade Names and
Marked or Stamped Containers of December 1, 1998 (as last amended by
Office Order No. 49 of 2006) (2006)
 Trademark Regulations (as amended by Office Order No. 08 of 2000) (2000)
 Philippine Regulations Implementing the Protocol Relating to the Madrid
Trademark Rules
Agreement Concerning the International Registration of Marks, Office Order
139 S 2012
 Amendment of Rule 20(2) Office Order No. 139, Series of 2012 Philippine
Regulations Implementing the Protocol Relating to the Madrid Agreement
concerning International Registration of Marks
 Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks (July 25, 2012)
Trademark Treaties  Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
 Paris Convention for the Protection of Industrial Property (September 27,
1965)
TRADEMARK
PROSECUTION
Any visible sign capable of distinguishing the goods or services of an
Trademark Definition
enterprise and shall include a stamped or marked container of goods
Common Law Marks Yes. Trademark rights can be acquired by actual use in commerce or trade.
 Immoral, deceptive or scandalous matter
 Flag, coat of arms or other insignia of the Philippines
 Name, signature, or portrait of living individual (w/o consent
 Confusingly similar to a previously registered or applied mark
 Confusingly similar to a well-known mark
Non-  Misleading marks
RegistrableTrademarks  Generic marks
 Customary marks
 Descriptive marks
 Shapes
 Color
 Contrary to public order or morality
A natural or juridical person who is using or intends to use in commerce a
Ownership of Trademarks
mark in connection with goods and/or services.
Registration Timeframe 8 to 10 months from filing date
Classification System Nice Classification of Goods and Services
 Divisional Application – Yes
Types of Applications
 Multi-Class Application – Yes
 Filing
 Examination
Procedures  Publication
 Opposition (if any)
 Registration
30 days from the publication with up to 2x of 30-days extension for a total
Opposition Period
of 90 days
 Lack of distinctiveness
 Confusing similarity
Grounds for Opposition
 Bad faith application
 Misrepresentation of ownership
 Mark became generic
 Abandonment
 Fraud
Grounds for Cancellation
 Contrary to provision of IP Code
 Misrepresentation of source of goods or services
 Failure to use the mark for uninterrupted period of 3 years
Term of Registration 10 years
 3rd Year Declaration of Actual Use or Non-Use – 3 years from filing date
(extendable once for 6 months)
 5th Year Declaration of Actual Use or Non-Use – between 5th to 6th year of
Maintenance/Renewal
registration
 Request for renewal – before the 10th year registration anniversary with 6
months grace period
TRADEMARK
ENFORCEMENT
 Through the Bureau of Customs (BOC)
EnforcementProceedings
 Through the Intellectual Property Office (IPO)
 Through the courts
 Criminal Action
Infringement Actions  Civil Action
 Administrative Action
 Administrative action – substantial evidence
Burden of Proof  Criminal action – guilt beyond a reasonable doubt
 Civil action – preponderance of the evidence
 Pre-raid investigation
 Police investigation
 Application for search warrant
 Raid
 Filing of complaint
Criminal Procedure  Preliminary investigation
 Filing of information in court
 Issuance of a warrant of arrest, arraignment, pre-trial, and referral to
mediation
 Trial
 Judgment
 Imprisonment – 2 to 5 years
Criminal Penalties
 Fines – from PHP50,000 to PHP 200,000
 For administrative action – from Bureau of Legal Affairs to the Office of the
Director General to the Court of Appeals to the Supreme Court
Appeal
 For civil and criminal action – from Regional Trial Courts to the Court of
Appeals to the Supreme Court
 Trial – 1.5 years
Timetable
 Appeal – 1 year
 Informal dispute resolution
ADR
 Mediation
 Reasonable profit
 Doubled damages (with showing of actual intent)
 Impoundment of documents evidencing sales
Remedies
 Disposal of infringing goods
 Removal of infringing trademark
 Injunction
 Through the Bureau of Customs (BOC)
EnforcementProceedings
 Through the Intellectual Property Office (IPO)
 Through the courts
 Criminal Action
Infringement Actions  Civil Action
 Administrative Action
 Administrative action – substantial evidence
Burden of Proof  Criminal action – guilt beyond a reasonable doubt
 Civil action – preponderance of the evidence
 Pre-raid investigation
Criminal Procedure
 Police investigation
  Application for search warrant
 Raid
 Filing of complaint
 Preliminary investigation
 Filing of information in court
 Issuance of a warrant of arrest, arraignment, pre-trial, and referral to
mediation
 Trial
 Judgment
 Imprisonment – 2 to 5 years
Criminal Penalties
 Fines – from PHP50,000 to PHP 200,000
 For administrative action – from Bureau of Legal Affairs to the Office of the
Director General to the Court of Appeals to the Supreme Court
Appeal
 For civil and criminal action – from Regional Trial Courts to the Court of
Appeals to the Supreme Court
 Trial – 1.5 years
Timetable
 Appeal – 1 year
 Informal dispute resolution
ADR
 Mediation
 Reasonable profit
 Doubled damages (with showing of actual intent)
 Impoundment of documents evidencing sales
Remedies
 Disposal of infringing goods
 Removal of infringing trademark
 Injunction

How To Register a Trademark in the Philippines Intellectual Property Office

Businesses should protect their intellectual property. This refers not only to keeping trade secrets safe
and getting patents for inventions; but also towards applying or registering copyright or trademark for
their logos and names.

Trademark applications are currently being done with the Intellectual Property Office (IPO) of the
Philippines. Their office address at present is at Upper McKinley Road in McKinley Hill, Taguig; and
they’re open from 8AM to 5PM.

A Filipino individual or corporation can directly file their applications. But foreigners and foreign
corporations must have a local agent who will file an application with the IPO.

Applying for a trademark will take about 18 to 24 months to complete. Why that long? Because your
application will need to undergo numerous examinations, including publication to give anyone a chance
to oppose the registration.

So what exactly are the steps that you’d have to do? How does the application process go? How much
are the fees?

Trademark Application in IPO Philippines

File an application to the Bureau of Trademarks at the Philippine Intellectual Property Office. You’ll need
to submit a list of requirements along with it. A complete checklist is available here.

It used to be possible to file an application online. But the service has not been running or getting errors
as of late. Check the IPO Philippines website here to see if it’s now available.

After filing and paying the necessary fees, an examination for completeness of the submitted
requirements will be done by the duty officer. Afterwards, you’ll receive your application number.

Step 2: Search and Examination

The Philippine IPO will now search their database for identical trademarks in the market or similar
applications that they have. This will take some time, and the usual wait is at least 6 months.

Included in this process is the examination of your trademark to check if it complies with the rules and
regulations. Aside from similarity to existing trademarks, it should not also be too generic, deceptive,
immoral, or scandalous; among other rules.

Step 3: Publication in IP Philippines Gazette

If the trademark is approved, you will receive a notice and it will now be published in the IP Philippines
Gazette. This is to inform the public of the application, and give a chance for anyone to oppose the
registration.

Any individual or company can oppose if it violates an existing trademark they have, or if they find it
grossly damaging to their reputation or business.

Step 4: Registration

The public is given up to 30 days to take action. If no opposition is received and verified by the Director
of the Bureau of Legal Affairs, the Intellectual Property Office will now issue the Certificate of
Registration.

The trademark will again be published in the IP Philippines Gazette, which marks its official entry to the
records. The certificate is valid of ten (10) years, and can be renewed after.

Again, the entire process will take any time between 18 to 24 months. I know it’s such a long
undertaking, but the trademark application isn’t really meticulous.

Moreover, the fees have varied over the years but at present, you’ll spend around P5,000. If you
outsource the trademark application to a business services company, you’ll probably spend around
P15,000 in total.

Lastly, to make sure that your business name and logos are worth the hassle of applying for a
trademark, it should be something that you’ll be proud of; one that represents your ideals and vision for
your company.
Cyber bullying in the Philippines
Posted on March 14, 2017

CCRALAW Tower, 2nd Ave. Cor. 30th St., Bonifacio Global City
Taguig City, Metro Manila, Philippines
Tel: (63) 82 224 0996, / Fax (632) 4037007 or (632) 4037008
E: cpdelacruz@accralaw.com
W: www.accralaw.com

The pen is mightier than the sword or so the adage goes. When this
was once said, it was to highlight the power of thoughts and ideas over brute force and
violence as a way to effect change. Today, the pen can very well be a tap of a button, as
social media has reinvented our way of life anew — for good or for bad.
Regardless of political affiliation or social philosophy, it is undeniable how the power of
social media has shaped recent events. The perceived anonymity that social media brings
tends to shed people’s normal sensibilities or even basic civility. We therefore sometimes
see posts or commentaries meant to embarrass competence and intelligence, gender or just
plain rumour mongering.
Such acts done behind the cloak of a social media platform may have legal implications
under Philippine Laws.
The Anti-Bullying Act of 2013 (RA 10627)
This law finds applicability in school-related bullying, student-student bullying in
particular, which covers those uttered in social media. “Bullying”, as defined, refers to any
severe or repeated use by one or more students of a written, verbal or electronic
expression, or a physical act or gesture, or any combination thereof, directed at another
student that has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his property; creating a hostile environment at
school; infringing on the rights of another; or materially or substantially disrupting the
education process. (Sec. 2, RA 10627) These acts are collectively called “cyber bullying”
when committed online. (Sec. 2-D, RA 10627) This covers social bullying aiming to belittle
another individual or group or gender-based bullying that humiliates another on the basis
of perceived or actual sexual orientation and gender identity. (Sec. 3, B-1, RA 10627,
Implementing Rules).
The Revised Penal Code and the Cybercrime Prevention Act
One who publicly or maliciously imputes to another a crime, vice, defect, real or imaginary,
or any act, omission, condition, status or circumstance tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or blacken the memory of one who is
dead may be liable for libel under this Code. (Art. 353, RPC) These acts are more severely
punished when done online in addition to the civil action for damages which may be
brought by the offended party. (Sec. 4(c-4), RA 10175) Cyberlibel holds liable only the
original author of the post (Sec. 5(3), Implementing Rules of RA 10175). Likers or sharers
of a post cannot be held liable under this law.
Slander may also be applicable to one who, in heat of anger, utters statements that are
highly defamatory in character. (Art. 358, RPC) Intriguing Against Honour may also find
applicability when the principal purpose is to blemish the honour or reputation of a person.
(Art. 364, RPC) However, the requirement is that the post be directed to a specific person.
Hence, a blind item is not as actionable as a named-post in social media.
The Civil Code on Damages
One who is aggrieved by a defamatory post in social media may find refuge in the
provisions of the Civil Code on Damages. (Art. 2176, Civil Code) One who posts in social
media, causing damage to the reputation of another may be liable to the subject for
damages and this can be a valid cause of action under the law. Such posts must tend to pry
to the privacy and peace of mind of another, meddle or disturb the private life or family
relations of another, intrigue to cause another to be alienated from his friends or vex or
humiliate another on account of his religious beliefs, lowly station in life, place of birth,
physical defect or other personal condition. (Art. 26, Civil Code)
The Labour Code on Just Causes for Termination
An employee who spreads rumors or intrigues against a co-worker or his superior or vice
versa, or who does any act similar to cyberlibel, slander, intriguing against honour or even
prying into the privacy of another may be a just cause for termination if embodied in the
company policy in addition to all other causes of action available to him under the laws
mentioned. (Sec. 5.2(g), D.O 147-15)
However, all these will only be a valid cause of action to one who is the subject of the post
and who is aware of the post directed to him.
Freedom of speech must not be infringed but this right is not without any limitations. In the
end, it is always best to devote the stroke of our fingers and the clicks of our mouse to
intellectual discourse that matter rather than risk being held liable under the law. After all,
the power of our minds should be mightier than any sword there is.
Note: This article was originally published in Business World, a newspaper of general
circulation in the Philippines