How is purchaser motivation treated in determining if a mark has become generic?
In determining if a mark has become generic, the primary test is the significance of the mark to the relevant public. Purchaser motivation is specifically excluded as the primary test for this determination. Section 151.1 Intellectual Property Code of the Philippines focuses on whether the public sees the mark as a common name rather than why they chose to buy it. This ensures that the genericness of a mark is judged objectively by its linguistic role in society. “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” 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/.
