Facts:

• Francisco Genato, vice-president and general manager of Genato Commercial Corporation, was found guilty of violating Act No. 3202, as amended by Act No. 3954.
• Genato was charged for selling and distributing cigarettes with the trade-mark "Domino" without registering it in the Bureau of Commerce.
• The cigarettes were imported from the United States and consigned to the corporation in Manila.
• Genato was sentenced to pay a fine of P200 or suffer subsidiary imprisonment in case of insolvency.

Issue:

• (Unlock)

Ruling:

• The registration requirement for trade-marks under Act No. 3202 and Act No. 3954 applies to cigarettes manufactured in the United States and ...(Unlock)

Ratio:

• The purpose of Act No. 3202 and Act No. 3954 is to protect the local cigar and cigarette industry.
• If the registration requirement does not apply to imported cigarettes, it would render the laws ineffective and provide no protection to local manufacturers.
• The provision does not specify that it only applies to cigars or cigarettes manufactured in the Philippines, but rather it applies to all cigars or cigarettes used in the Philippine Islands, regardless of their origin or country of manufacture.
• Allowing foreign manufacturers to imitate and use the trade-marks of local manufacturers without consequence would lead to unfair competition.
• By requiring the registration of trade-marks, local manufacturers are given the opportunity to oppose the registration if it is an imitation of their own registered trade-mark.
• The fact that Larus & Brother Company, the manufacturer of th...continue reading