Update on the Betty Pig trademark conflict in the Philippines
The Betty Pig has been a controversial character in the IP world as there have been countless trademark conflicts with the pink pig. Recently, the IPOPHL has revealed 2 trademark applications that will likely get denied due to the resemblance to the famous Betty Pig.
On the IPOPHL’s database, there have been 2 new trademark applications filed to the Intellectual Property Office of the Philippines that raised some eyebrows of many organizations worldwide:
- Application No. 4/2022/513528 is a composite mark consisting of the stylized “Betty Pig” logo.
- Application No. 4/2022/513530, is a device consisting of what looks like a piglet cartoon character in diapers.
Both of these applications belong to the same applicant and it covers diapers and disposable diapers under Class 5.
It is no surprise that there have been many parties that use the name of the Betty Pig in societies in order to gain profits. However, it is strange that an organization outright tries to register the Betty Pig name for trademark protection.
Both marks of the applications carry a threatening resemblance to the original mark.
Application No. 4/2022/513528 is even a straight copy-paste of the original mark, even the writing style, color, etc.
Therefore, it’s highly unlikely that the application gets registered.
For many, this could be a case of trademark speculation. However, the speculator doesn’t know that the well-known trademark has already been protected in other countries.
Therefore, it can’t be registered in the Philippines as Philippine trademark laws protect well-known marks regardless if they are registered in the Philippines or not.
Expert opinions
Arjel De Guzman, a founding director at Optmarks has commented on the registrability of the 2 marks, stating that the possibility of registration is low even without a full examination of the marks: “Without preempting the examination which will be done by the trademark examiner who will be assigned to the applications, it is interesting to note that the Philippine law on trademarks prohibits the registration of a mark if it is identical to a registered mark or nearly resembles the same so as to deceive or cause confusion.”
He added: “A brief review of the IPOPHL’s trademark register would reveal the existence of marks earlier registered including “PEPPA PIG” (Reg. No. 1223534); “PEPPA” (1221401); and the device depicting Peppa Pig’s central character (1220700). Offhand, these marks could easily pose as hindrances to the approval of the “Betty Pig” marks. In addition, it may also be argued that Peppa Pig and its formative marks including the design, style, and likeness of its logo and characters are well-known marks. Philippine trademark laws protect well-known marks regardless if they are registered in the Philippines or not.”
*** Other Articles***
– You can check FEE OF TRADEMARK IN Philippines HERE.
– You could visit here to see Procedure of Philippines Trademark Registration.
– You could visit here to check the required documents for filing trademark in Philippines.
– Other questions of trademark in Philippines here.
– You could also check the trademark fees in ASEAN countries here. All with affordable fees.
– You could also check the trademark fees in ASIA here. All with affordable fees.
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