1. Lin & Partners LAW FI R M U nit 301, Toyama Group Center, No. 22 Timog Avenue, Quezon City, Philippines Telefax (+632)709-2663

2. What are Bouncing Checks? Checks issued without sufficient funds or has no funds to cover the amount stated

3. What is BP 22? LAW PENALIZING THE ISSUANCE OF CHECKS AS PAYMENT: Knowing at the time of issuance that he does not have sufficient funds  Knowledge of insufficiency of funds is presumed when drawer fails to pay the full amount within (5) banking days after receiving notice that check was dishonored Failing to maintain sufficient funds Check is dishonored upon presentment for payment OR would be dishonored if not stopped for payment without any valid reason

4. What action should be taken when checks are dishonored? Send Notice of Dishonor stating: a. Check has been dishonored b. Final Demand to Pay within 5 days from receipt of notice What if Drawer fails to pay after receipt of Notice of Dishonor? A case may be filed before the Office of the Prosecutor having jurisdiction over the crime – where the check was delivered or dishonored at the option of the complainant

5. What is the procedure for filing violations of BP 22? Filing of Complaint- Affidavit Executed before the Prosecutor Issuance of Subpoena Requiring the attendance of defendant at date and time stated – Presence of Complainant Filing of Counter-Affidavit Executed in the presence of the Prosecutor Filing of Reply- Affidavit Executed in the presence of the Prosecutor Filing of Rejoinder- Affidavit Executed in the presence of the Prosecutor Submitted for Resolution Finding of Probable Cause Filing of Information at Metropolitan Trial Court No Probable Cause Case Dismissed Payment of Filing Fee (Continued at next slide)

6. Payment of Filing Fees Arraignment Plea of Guilty Accused to be sentenced Failure of Accused to attend Issuance of Warrant Case archived until accused is found Plea of not Guilty Case will be scheduled for preliminary conference, mediation and judicial dispute resolution Pre-Marking and Preliminary Conference, Mediation and Judicial Dispute Resolution (timespan: 2 months) Compromise Agreement Trial Accused FoundArraignment

7. Trial Presentation of Complainant’s Evidence Testimony of Witnesses Cross-Examination of Witnesses Presentation of Defense Evidence Testimony of Witnesses Cross-Examination of Witnesses Submitted for Judgment ConvictedAcquittedCase Terminated Service of Sentence Appeal

8. TRADEMARK LAW What is a trademark? A word, name, symbol, emblem, sign or device or any combination thereof adopted and used by a merchant to differentiate his goods or services from others Trademark is used to refer to goods Service Mark is used to refer to services Reference: Trademark Law of the Philippines (2012 Edition) by Dennis Funa

9. Functions and Benefits of Trademark Registration 1. Protects the registrant and owner from marks which are confusingly similar, tending to cause confusion to the purchasing public as to its origin 2. Protects the product of the owner’s industry and skill, who is instrumental in bringing into the market a superior article of merchandise 3. To assure the public that they are procuring the genuine article; 4. Prevent fraud and imposition; and to protect the manufacturer against substitution and sale of an inferior and different article as his product 5. For advertisement of the goods or services

10. Who owns the trademark? Person in whose name a Certificate of Registration has been issued is presumed to be the owner of the trademark How is ownership over the trademark acquired? Trademark, being a creation of use, is owned by the person who first used it in trade or commerce In what manner must the trademark be used to acquire ownership? Selling of the goods or service bearing the mark sold to the public in the market – not mere advertisement

11. Choosing a Trademark Strong Marks 1. Coined Marks – invented marks without any intrinsic or real meaning  Kodak, Google, Sony, Xerox, etc. 2. Arbitrary Marks – words with meaning but has no relation to the product or service  “Apple” for mobile phones, “Best Buy” for office supplies, etc. 3. Suggestive Marks – that which provides a hint or connection to some of the attributes of the products  “Sunnies” for sunglasses, etc.

12. Choosing a Trademark Weak Marks (cannot be registered) 1. Generic Marks – name of the product it seeks to identify  “Home” for home furniture, etc. 2. Descriptive Marks – conveys characteristics, functions, qualities or ingredients of products  “Sweet” for candies, chocolates, “Fish” for sardines, etc. 3. Geographical Marks – used to designate geographical origin  “Pampanga’s Best”, etc. 4. Deceptive or Misleading Marks – deceives or misleads consumers as to the nature, quality or geographical origin of the products  “Bulacan” for products not originating in Bulacan, “Fruit Vinegar” for vinegar not made from fruits, etc.

13. Registering a Trademark Trademark Application Filed before the Intellectual Property Office (IPO) Examination and Publication Payment of publication fees as determined by IPO Issuance of Certificate of Registration (Trademark is valid for 10 years)

14. Maintaining a Trademark Declaration of Actual Use Filed within 3 years and 6 years from date of trademark application Renewal of Trademark Application within 6 months prior to expiration Issuance of Certificate of Registration (Trademark is valid for 10 years)