Cancellation Petition for "Tuslob Buwa" Trademark

Cancellation Petition for "Tuslob Buwa" Trademark

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Emir Rosell started this petition to Azul Cebu and

"Tuslob Buwa" is a street food in Cebu which is popular especially in the neighborhood of Pasil, Cebu City. "Tuslob Buwa" is a household or a generic name for a streetfood like "kwek-kwek", "tempura", "fishball", etc. 

Azul Cebu doesn't have the right to file a trademark since "Tuslob Buwa" is a public domain. According to Intellectual Property Office of the Philippines, these are the grounds a Cancellation Petition can be filed for such cases: 

  1. The trademark has become the generic name for the goods or services, or a portion thereof.
  2. The trademark has been abandoned.
  3. The trademark was obtained fraudulently or contrary to the provisions of the Intellectual Property Code.
  4. The trademark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the trademark is used;
  5. The owner of the trademark, without legitimate reason, fails to use the mark in the Philippines, or to cause it to be used in the Philippines by virtue of a license during an uninterrupted period of three (3) years or longer.
  6. The trademark is confusingly similiar to another trademark or trade name owned by the person who claims to be damaged and who has superior rights thereto.

Anyone who can assist in filing a Cancellation Petition please help us in preserving "Tuslob Buwa" as a Cebuano heritage.

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