How is knowledge of registration presumed for the purpose of recovering damages?
Knowledge that an imitation is likely to cause confusion is a requirement for recovering profits or damages in a suit. This knowledge is legally presumed if the registrant displays the words “Registered Mark” alongside their trademark. Section 158 Intellectual Property Code of the Philippines also accepts the letter R within a circle as sufficient notice for this presumption. This puts the burden on competitors to recognize that a mark is officially protected. “Such knowledge is presumed if the registrant gives notice that his mark is registered by displaying with the mark the words ‘Registered Mark’ or the letter R within a circle” 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/.
