I. Topic: Trademark - Intellectual Property Code of the Philippines (IP Code)

II. Scenario

Mr. X applied for the trademark "Hulma" to which the Intellectual Property Office of the Philippines (IPOPHL) responded with a "Registrability Report" that provides:

The mark may not be registered because: - it nearly resembles a mark for closely related goods or services and which has an earlier filing or priority date. (IP Code, Sec. 123.1[d][ii]). See list of cited marks.

The Report further provided the trademark that has an earlier filing date which conflicts with Mr. X's trademark:

• Applicant: Mrs. V
• Trademark: "HUGIS AT HULMA"

III. Question

Mr. X is asked to reply to the registrability Report; as lawyer/counsel of Mr. X how do you argue/defend his trademark registrability against IP Code, Sec. 123.1[d][ii]? Please provide Legal Basis.