MARK - any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an

enterprise and shall include a stamped or marked container of goods.

COLLECTIVE MARK - any visible sign designated as such in the application for registration and capable of
distinguishing the origin or any other common characteristic, including the quality of goods or services
of different enterprises which use the sign under the control of the registered owner of the collective
mark

TRADE NAME - name or designation identifying or distinguishing an enterprise

Historical account on the beginnings of trademark law

Mirpuri vs. Court of Appeals

Spanish Law - Trade Marks Act of 1850

American Law
Act. No. 666 or the Trademark and Trade Name Law of the Philippine Islands on March 6, 1903
o Acquisition of trademark was not based upon registration but upon actual use
o Question of prior use was very relevant
Republic Act No. 166 issued in 1946 effective until December 31, 1997
Intellectual Property Code or Republic Act No. 8293 approved on June 6, 1997 and took effect on
January 1, 1998.
o Not given retroactive effect such as to cover complaints filed before its effectivity
o Samson v. Daway et al. - the Court ruled that R.A. No. 8239 did not expressly repeal R.A.
No. 166

Role of Trademarks
Psychological function of symbols
o We live by symbols and we purchase goods by them
o A trademark is a "merchandising short-cut" which induces a purchaser to select what he
wants, or what he has been led to believe what he wants
o To convey through the mark, in the minds of potential customers, the desirability of the
commodity upon which it appears
If this goal is met, then the trademark owner has something of value.
If someone makes use of the "commercial magnetism" of the symbol of the
trademark owner, he can obtain legal redress.
o The main function of a trademark is to enable consumers to identify a product (good or
service) of a particular company so as to distinguish it from identical or similar products
o By enabling companies to differentiate themselves, trademarks play an pivotal role in
branding and marketing strategies that contribute to the reputation of the company, which
in turn build trust among their clients, subsequently enhancing the company's goodwill.
o Trademarks provide an incentive for companies to invest in maintaining or improving the
quality of their products
Communication, commerce, and trade

Psychological function
Identify - origin of goods
Distinguish - differentiate from other products
Advertising
 Quality

Territoriality principle
First-to-file Rule (EXCEPT well-known marks)

Marks Which Cannot be Registered (123.1)

Generic
Customary to trade
Descriptive (Laudatory) and Geographical
Deceptive or Misleading
Relating to particular persons or institutions
Flags, coat of arms, etc.
Contrary to public order or policy
Shapes or colors alone
Registered marks
Prohibited by treaties (Olympic symbols)