Lawyer claims ‘Type O’ name

Is “Type O” a brand name or a political symbol?

As far as the Department of Trade and Industry (DTI) provincial office is concerned, there is no registered product or business bearing the “Type O” trademark on their list.

Not so, said one of the lawyers of Rep. Tomas Osmeña of Cebu City’s south district, who claimed to have registered the “Type O” trademark as the name of a retail brand.

Still, the Commission on Elections (Comelec) said the “Type O” found in posters and streamers still fall within the Omnibus Election Code and they have yet to receive any complaints about it.

DTI provincial director Nelia Navarro told Cebu Daily News yesterday that their office didn’t have a “Type O” registered as a business name or a trademark. She said she has no information on anyone applying for that name.

Bottled water

Last Sunday, water bottles with Type O labels were distributed to people attending the “Sugat sa Guadalupe” Mass.

Mayor Michael Rama criticized the distribution of these water bottles which was disowned by Osmeña.

Based on the water bottle label, the manufacturer is Voda Fresh Purified Drinking Water with business address of Corner C. Padilla St. and Tres de Abril St., Cebu City.

Osmeña said a businessman-friend is already applying to use “Type O” as a commercial trademark with the DTI so he can use the name beyond the May 2013 election.

His lawyer Estrella Menchavez said she secured approval from the DTI National Economic Research and Business Action Center (Nerbac) to register “Type “O” as a brand name for her line of ready to wear (RTW) clothing apparel.

The brand name registration is valid in the next five years or until 2018, she said.

She denied reports that DTI disapproved her application to register “Type O” as a brand name.

Menchavez is a member of the Mayor’s Management Team (MMT) created by Osmeña during his tenure as Cebu City mayor.

“I have a certificate of name registration, unless this is fake,” she said in a telephone interview.

Menchavez said rumors that her DTI application were stirred up to create confusion but she didn’t specify who started it.

The display of “Type O” tarpaulins and streamers is part of her pre-marketing strategy.

“How do you market your product if you don’t put advertisements to market your product?,” she said.

Cebu City Comelec north district officer Marchel Sarno said “Type O” tarpaulins and posters are still covered by the Omnibus Election Code.

“Even if it’s a brand name it’s still covered and considered as campaign materials,” he said.

He said this is similar to insignia and product posters that contain the faces of politicians and other candidates as endorsers.

Sarno said they will only document the display of oversized “Type O” tarpaulins and other campaign materials.

They will also be requiring concerned candidates to comment on their violation after which they will forward all documents to their head office for evaluation of any violation committed.

But Osmeña and Menchavez said the display of “Type O” tarpaulins shouldn’t be considered campaign materials because it didn’t have the congressman’s face or name. They also didn’t ask people to vote for Osmeña, they said.

Sarno said his office would look into the use of the “Type O” tarpaulins if someone files a complaint. For now, Sarno said, there is no issue at hand.

“What’s the issue when these materials were removed?,” he said.

Sarno is referring to the huge “Type O” tarpaulins that were earlier placed on display on a vacant lot at the Mambaling access of the South Road Properties (SRP) but were recently removed.

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