Can a foreign corporation not engaged in business in the Philippines sue for trademark infringement?
Foreign corporations can sue for infringement or unfair competition even if not licensed to do business locally.
What authority does a court have regarding the rectification of the trademark register?
Courts can determine registration rights and order the cancellation or rectification of the trademark register.
What authority does a court have regarding the rectification of the trademark register? Read More »
What is the liability for making a false or fraudulent declaration to procure a mark registration?
Procuring a mark registration through false or fraudulent means makes the party liable for all resulting damages.
What are the notification duties of a clerk of court regarding suits involving marks?
Clerks of court must notify the Director within one month of filing or judgment in trademark cases.
What are the notification duties of a clerk of court regarding suits involving marks? Read More »
When is a name or designation prohibited from being used as a trade name?
Trade names contrary to public order or morals, or those that deceive the public, are prohibited.
When is a name or designation prohibited from being used as a trade name? Read More »
Are trade names protected even if they are not registered?
Trade names are legally protected against unlawful use by third parties even without official registration.
Are trade names protected even if they are not registered? Read More »
How must the ownership of a trade name be transferred?
Transfer of a trade names ownership is only valid if the identified enterprise is also transferred.
How must the ownership of a trade name be transferred? Read More »
How are remedies limited against innocent publishers of infringing advertisements?
Remedies against innocent publishers of infringing advertisements are limited to injunctions against future transmissions of that ad.
How are remedies limited against innocent publishers of infringing advertisements? Read More »
What power does a court have over infringing goods and materials?
Courts can order the destruction or disposal of infringing goods and all materials used to create them.
What power does a court have over infringing goods and materials? Read More »
Is removing the trademark enough to permit the release of counterfeit goods?
Removing a trademark from counterfeit goods is usually insufficient to allow those goods to re-enter commercial channels.
Is removing the trademark enough to permit the release of counterfeit goods? Read More »
