Are trade names protected even if they are not registered?

Are trade names protected even if they are not registered?

  Trade names are protected against unlawful acts by third parties regardless of whether they have been registered. This protection applies even prior to registration, ensuring that business identities are respected from their inception. As specified in Section 165.2 Intellectual Property Code of the Philippines, subsequent use of a similar name that misleads the public is deemed unlawful. This acknowledges the inherent value of a business name that has already established a market presence. “165.2. (a) Notwithstanding any laws or regulations providing for any obligation to register trade names, such names shall be protected, even prior to or without registration”   January 7, 2026  

About Nicolas and De Vega Law Offices

 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

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