MARKING OF IMPORTED GOODS AND CONTAINERS

Reference:

-Section 303 of Tariff and Customs Code of Philippines or

-Section 710 of Customs Modernization and Tariff Act

A. Marking of Goods

- Except as hereinafter provided, all goods of foreign

origin imported into the Philippines or their containers. As
provided in subsection (B.) hereof shall be conspicuously
marked in any official language of the Philippines as
legibly, indelibly and permanently as the nature of the
goods or container will permit and in such manner as to
indicate to an ultimate purchaser in the Philippines the name
of the country of origin of the goods.
Republic Act No. 7394 or also known as
Consumer Protection Act

- To protect the interests of the consumer

- To promote his general welfare and;

- To establish standards of conduct for business and

industry
Definition of Terms:

1.Consumer- means a natural person who is a purchaser,

lessee, recipient or prospective purchaser, lessor or
recipient of consumer products, services or credit.
2. Label, labeling- means the display of written, printed or
graphic matter on any consumer product, its immediate
container, tag, literature or other suitable material affixed
thereto for the purpose of giving information as to the
identity, components, ingredients, attributes, directions for
use, specifications and such other information as may be
required by law or regulations.
3. Private labeler- means an owner of a brand or
trademark on the label of consumer product other than
a manufacturer of the product.
- A consumer product bears a private
label if (1) the product or its container is labeled with a
brand or trademark of a person other than its
manufacturer; or (2) the brand or trademark of the
manufacturer of such product does not appear on such
label.
4. Consumer products and services- means goods, services
and credits, debts or obligations which are primarily for
personal, family, household or agricultural purposes, which
shall include but not limited to food, drugs, cosmetics, and
devices.

5. Immediate container- means the container or package

which is immediately after or near the substance but does
not include package liners.
6. Package or packaging- means any container or wrapping
in which any consumer product is enclosed for use in the
delivery or display of that consumer product to retail
purchasers, but does not include:

1) Shipping containers or wrappings used solely for the transportation of any consumer
product in bulk or in big quantities by manufacturers, packers, or processors to wholesale
retail distributors thereof;
2) Shipping containers or outer wrappings used by retailers to ship or deliver any product
to retail costumers if such containers and wrappings bear no printed matter pertaining any
particular product;
3) The wrappers or containers of consumer products sold in small quantities by small retail
stores to the consumer which by tradition are wrapped with ordinary paper.
7. Price tag- means any device, written, printed, affixed or
attached to a consumer product or displayed in a consumer
repair or service establishment for the purpose of indicating
the retail price per unit or service.
 Prohibited Acts Penalties
ARTICLE 18. Prohibited Acts. It shall be unlawful for any person to:
a) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines
any consumer product which is not in conformity with an applicable consumer product quality
or safety standard promulgated in this Act;
b) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines
any consumer product which has been declared as banned consumer product by a rule in
this Act;
c) refuse access to or copying of pertinent records or fail or refuse to permit entry of or
inspection by authorized officers or employees of the department;
d) fail to comply with an order issued under Article 11 relating to notifications of
substantial product hazards and to recall, repair, replacement or refund of unsafe products;
e) fail to comply with the rule prohibiting stockpiling.
Republic Act No. 8293 or also known as Intellectual
Property Code

Definition of Terms:

1. Mark- means 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;
(Sec. 38, R. A. No. 166a)
A mark cannot be registered if it:

(a) Consists of immoral, deceptive or scandalous matter,

or matter which may disparage or falsely suggest a
connection with persons, living or dead, institutions,
beliefs, or national symbols, or bring them into contempt
or disrepute;
(b) Consists of the flag or coat of arms or other insignia
of the Philippines or any of its political subdivisions, or
of any foreign nation, or any simulation thereof;
(c) Consists of a name, portrait or signature identifying a
particular living individual except by his written consent,
or the name, signature, or portrait of a deceased
President of the Philippines, during the life of his widow,
if any, except by written consent of the widow;

(d) Is identical with a registered mark belonging to a

different proprietor or a mark with an earlier filing or
priority date, in respect of:

(i) The same goods or services, or

(ii) Closely related goods or services, or
(iii) If it nearly resembles such a mark as to be likely to
deceive or cause confusion;
(e) Is identical with, or confusingly similar to, or constitutes a
translation of a mark which is considered by the competent
authority of the Philippines to be well-known internationally and
in the Philippines, whether or not it is registered here, as being
already the mark of a person other than the applicant for
registration, and used for identical or similar goods or services:

Provided, That in determining whether a mark is well-known,

account shall be taken of the knowledge of the relevant sector of
the public, rather than of the public at large, including knowledge
in the Philippines which has been obtained as a result of the
promotion of the mark;
(f) Is identical with, or confusingly similar to, or constitutes a
translation of a mark considered well-known in accordance
with the preceding paragraph, which is registered in the
Philippines with respect to goods or services which are not
similar to those with respect to which registration is applied for:

Provided, That use of the mark in relation to those goods or

services would indicate a connection between those goods or
services, and the owner of the registered mark: Provided further,
That the interests of the owner of the registered mark are likely
to be damaged by such use;
(g) Is likely to mislead the public, particularly as
to the nature, quality, characteristics or
geographical origin of the goods or services;

(h) Consists exclusively of signs that are generic

for the goods or services that they seek to
identify;

(i) Consists exclusively of signs or of indications

that have become customary or usual to
designate the goods or services in everyday
language or in bona fide and established trade
practice;
(j) Consists exclusively of signs or of indications that may
serve in trade to designate the kind, quality, quantity,
intended purpose, value, geographical origin, time or
production of the goods or rendering of the services, or
other characteristics of the goods or services;

(k) Consists of shapes that may be necessitated by

technical factors or by the nature of the goods themselves
or factors that affect their intrinsic value;

(l) Consists of color alone, unless defined by a given form;

or

(m) Is contrary to public order or morality.

 Pursuant of section 710 of CMTA the commissioner
shall, with the approval of the Secretary of Finance:

1. Determine the character of words and phrases or abbreviation thereof

which shall be acceptable as indicating the country of origin and
prescribe any reasonable method of marking.

2. Require the addition of other words or symbols which maybe

appropriate to prevent deception or mistake as to the origin of the
goods.
 WAYS ON MARKING OF ARTICLES AND
CONTAINERS:
-Printing
-Stenciling
-Stamping
-Branding
-Labelling or;
-By any reasonable method

* In a conspicuous place on the goods or container where the

marking shall appear
 Authorize the exception of any goods from the
requirements of marking if:

- Such goods are incapable of being marked;

- Such goods cannot be marked prior to shipment to the

Philippines without injury; (expense economically
prohibitive of their importation)

- Marking of a container of such goods will reasonably

indicate the origin of such goods;
- Such goods are crude substances;

- Such goods are imported for use by the importer and not
intended for sale in their imported or any other form;

- Such goods are to be processed in the Philippines by the

importer of for importers account other than for the
purpose of concealing the origin of such goods.
B. Marking of Containers

-Whenever goods are exempt of this section from the

requirements of marking, the immediate container, if any, of
such goods, or other container or containers of such goods,
shall be marked in such manner as to indicate to an ultimate
purchaser in the Philippines the name of the country of origin
of such goods in any official language of the Philippines.
C. Fine for Failure to Mark

- If, at the time of importation any goods or its containers, as

provided in subsection (B) hereof, is not marked in
accordance with the requirements of this section, there shall
be levied, collected and paid upon such goods a marking
duty of five (5%) percent of dutiable value, which shall be
deemed to have accrued at the time of importation.
D. Release Withheld Until Marked

- No imported goods held in customs custody for inspection,

examination, or assessment shall be released until such
goods or their containers shall have been marked in
accordance with the requirements of this section and until
the amount of duty estimated to be payable under
subsection (C) of this section shall have been deposited
E. The failure or refusal of the owner or importer to
mark the goods

- As herein required within a period of thirty (30) days

after due notice shall constitute as an act of
abandonment of said goods and their disposition shall
be governed by the provisions of this Act relative to
abandonment of imported goods.
TREATMENT AND DISPOSITION OF ABASNDONED
GOODS
Section 1130 of CMTA

30 days after the lapse of the prescribed period