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  • Salo

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    Wilfredo Guerrero III
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    The document discusses a ruling on whether a company can use the trademark "BRUTE" for briefs when another company has already registered the trademarks "BRUT" and "BRUT 33". It analyzes relevant provisions of Philippine intellectual property law regarding trademark registration and ownership. The law establishes that a registered trademark belongs exclusively to the registering entity, that trademarks and trade names are governed by special laws, and that registration can be denied if a mark too closely resembles an already registered mark such that it could cause confusion.

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    The document discusses a ruling on whether a company can use the trademark "BRUTE" for briefs when another company has already registered the trademarks "BRUT" and "BRUT 33". It analyzes relevant provisions of Philippine intellectual property law regarding trademark registration and ownership. The law establishes that a registered trademark belongs exclusively to the registering entity, that trademarks and trade names are governed by special laws, and that registration can be denied if a mark too closely resembles an already registered mark such that it could cause confusion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    20 views2 pages

    Salo

    Uploaded by

    Wilfredo Guerrero III
    The document discusses a ruling on whether a company can use the trademark "BRUTE" for briefs when another company has already registered the trademarks "BRUT" and "BRUT 33". It analyzes relevant provisions of Philippine intellectual property law regarding trademark registration and ownership. The law establishes that a registered trademark belongs exclusively to the registering entity, that trademarks and trade names are governed by special laws, and that registration can be denied if a mark too closely resembles an already registered mark such that it could cause confusion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Ruling:

    To the legal query of whether private respondent may appropriate the trademark "BRUTE" for the
    briefs it manufactures and sells to the public albeit petitioner had previously registered the symbol
    "BRUT" and "BRUT 33" for its own line of times, it is but apropos to shift Our attention to the
    pertinent provisions of the new Civil Code vis-a-vis Republic Act No. 166, as amended, the special
    law patterned after the United States Trademark Act of 1946 (Director of Patents, Circular Release
    No. 36, 45 O.G. 3704; Martin, Commentaries and Jurisprudence on the Philippine Commercial
    Laws, 1986 Revised Edition, Volume 2, page 489), thus:

    Art. 520. A trade-mark or trade-name duly registered in the proper government


    bureau or office is owned by and pertains to the person, corporation, or firm
    registering the same, subject to the provisions of special laws.

    Art. 521. The goodwill of a business is property, and may be transferred together with
    the right to use the name under which the business is conducted.

    Art. 522. Trade-marks and trade-names are governed by special laws.

    xxx xxx xxx

    Sec. 2. What are registrable. — Trade-marks, trade-names, and service-marks


    owned by persons, corporations, partnerships or associations domiciled in the
    Philippines and by persons, corporations, partnerships or associations domiciled in
    any foreign country may be registered in accordance with the provisions of this Act;
    Provided, That said trade-marks, trade-names, or service-marks, are actually in use
    in commerce and services not less than two months in the Philippines before the
    time the applications for registration are filed: And provided, further, That the country
    of which the applicant for registration is a citizen grants by law substantially similar
    privileges to citizens of the Philippines, and such fact is officially certified, with a
    certified true copy of the foreign law translated into the English language, by the
    government of the Republic of the Philippines. (As amended by Rep. Act No. 865).

    Sec. 2-A. Ownership of trade-marks, trade-names and service-marks; how acquired.


    — Anyone who lawfully produces or deals in merchandise of any kind or who
    engages in any lawful business or who renders any lawful service in commerce, by
    actual use thereof in manufacture or trade, in business, and in the service rendered,
    may appropriate to his exclusive use a trade-mark, a trade-name, or a service-mark
    not so appropriated by another, to distinguish his merchandise, business or service
    from the merchandise, business or services of others. The ownership or possession
    of a trade-mark, trade-name, service-mark, heretofore or hereafter appropriated, as
    in this section provided, shall be recognized and protected in the same manner and
    to the same extent as are other property rights known to the law. (As inserted by
    Sec. 1 of Rep. Act 638).

    xxx xxx xxx

    Sec. 4. Registration of trade-marks, trade-names and service-marks on the principal


    register. —
    . . . The owner of trademark, trade-name or service-mark used to distinguish his
    goods, business or services from the goods, business or services of others shall
    have right to register the same on the principal register, unless it:

    xxx xxx xxx

    4(d) Consists of or comprises a mark or trade-name which so resembles a mark or


    trade-name registered in the Philippines or a mark or trade-name previously used in
    the Philippines by another and not abandoned, as to be likely, when applied to or
    used in connection with the goods, business or services of the applicant, to cause
    confusion or mistake or to deceive purchasers.

    xxx xxx xxx

    Sec. 11. Issuance and contents of the certificate. — Certificates of registration shall


    be issued in the name of the Republic of the Philippines under the seal of the Patent
    Office, and shall be signed by the Director, and a record thereof together with a copy
    of the specimen or facsimile and the statement of the applicant, shall be kept in
    books for that purpose. The certificate shall reproduce the specimen or facsimile of
    the mark or trade-name, contain the statement of the applicant and state that the
    mark or trade-name is registered under this Act, the date of the first use in commerce
    or business, the particular goods or services for which it is registered, the number
    and date of the registration, the term thereof, the date on which the application for
    registration was received in the Patent Office, a statement of the requirement that in
    order to maintain the registration, periodical affidavits of use within the specified
    times hereinafter in section twelve provided, shall be filed, and such other data as the
    rules and regulations may from time to time prescribe.

    xxx xxx xxx

    Sec. 20. Certificate of registration prima facie evidence of validity. — A certificate of


    registration of a mark or trade-name shall be prima facie evidence of the validity of
    the registration, the registrant's ownership of the mark or trade-name, and of the
    registrant's exclusive right to use the same in connection with the goods, business or
    services specified in the certificate, subject to any conditions and limitations stated
    therein.

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