TRADEMARK

● definition
- any word, name, symbol, emblem, sign or device or any combination thereof adopted and used
by a manufacturer or merchant to identify his goods and distinguish them from those
manufactured, sold or dealt in by others (R.A. 166)
- any visible sign capable of distinguishing goods (R.A. No. 8293)
● function
- 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 as his
product

Unfair competition is the employment of deception or any other means contrary to good faith by which
a person shall pass off the goods manufactured by him or in which he deals, or his business, or services,
for those of another who has already established goodwill for his similar goods, business or services, or
any acts calculated to produce the same result.