Is an actual sale of goods required to establish trademark infringement?
An actual sale of goods is not a prerequisite for a registrant to initiate a civil action for trademark infringement. The law dictates that infringement occurs the moment a person reproduces or imitates a mark with the intent to use it in commerce. Section 155.2 Intellectual Property Code of the Philippines clarifies that committing preparatory acts or applying infringing marks to packaging is sufficient for liability. This allow rightsholders to intervene early and prevent infringing products from reaching the marketplace,. “Provided, That the infringement takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or services using the infringing material.” 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/.
