When is a trademark owner entitled to recover profits or damages?
An owner can only recover profits or damages if the infringing acts were committed with the knowledge that such imitation would cause confusion. Knowledge is legally presumed if the registrant includes the “Registered Mark” notice or the letter R within a circle next to their mark. Section 158 Intellectual Property Code of the Philippines states that actual notice of registration also satisfies this requirement for recovery. This requirement protects individuals who may have unintentionally used a mark without realizing it was registered. “SEC. 158. Damages; Requirement of Notice. – In any suit for infringement, the owner of the registered mark shall not be entitled to recover profits or damages unless the acts have been committed with knowledge” 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/.
