How is it determined if a mark has become a generic name for goods or services?
To determine if a mark has become generic, the law looks at its primary significance to the relevant public. This test prioritizes how the public perceives the mark over the specific motivations of a purchaser. As stated in Section 151.1 Intellectual Property Code of the Philippines, a mark is not deemed generic solely because it identifies a unique product or service. This distinction protects brands that have successfully created a unique market identity while still being used as names. “The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.” January 7, 2026About 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/.
