Salo
Salo
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. 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.