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Threatened Legacy Due To Trademark Infringement The Green Cross Saga
Threatened Legacy Due To Trademark Infringement The Green Cross Saga
In
Philippine
jurisprudence,
the
function
of
a trademark is to point out distinctly the origin or ownership
of the goods to which it is affixed; to secure to him, who has
been instrumental in bringing into the market a superior
article of merchandise, the fruit of his industry and
skill; to assure the public that they are procuring the
genuine
article; to prevent
fraud
and
imposition;
and to protect the manufacturer against substitution and
sale of an inferior and different article of his product. Modern
authorities on trademark law view trademarks as performing
three distinct functions: (1) they indicate origin or ownership
of the articles to which they are attached; (2) they
guarantee that those articles come up to a certain standard
of quality; and (3) they advertise the articles they
symbolize.1
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Anchor Trading Co., Inc. vs. The Director of Patents, et al., L-8004, 30 May 1956
CONCLUSION
Limited protection on trademark is given to the owner
of the mark. It can only be acquired through registration and
subject to limited period provided by the law. An owner is
given remedies when there is infringement of a right; he is
entitled to damages caused by such infringement.
An owner of the mark should not sleep on his right. He
cannot avail the remedies provided if he cannot duly prove
that he is the owner of the right.
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