What protection is afforded to good faith prior users of a mark?
A registered mark has no effect against a person who was already using the mark in good faith before the filing or priority date. This right to continue using the mark is limited to the purposes of that person’s specific business or enterprise. Section 159.1 Intellectual Property Code of the Philippines notes that this right can only be transferred if the entire business using the mark is also assigned. This protects existing businesses from being suddenly forced to stop using their established identifiers by a new registrant,. “159.1. Notwithstanding the provisions of Section 155 hereof, a registered mark shall have no effect against any person who, in good faith, before the filing date or the priority date, was using the mark” 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/.
