Question & AnswerQ&A (Act No. 666)
A trade-mark is a name, emblem, sign, or device used by a person, firm, or corporation to designate the goods they deal in or manufacture, to enable the public to recognize such goods and distinguish them from others.
Anyone who produces or deals in merchandise by the actual use of a trade-mark in trade may appropriate to his exclusive use a trade-mark not already appropriated by another to designate the origin or ownership of the goods.
No, a designation or part of a designation that relates only to the name, quality, description of the merchandise, or its place of production/origin cannot be the subject of a trade-mark.
The owner can recover damages based on either the reasonable profit they would have made or the defendant's actual profits. In cases of intent to defraud or mislead, damages may be doubled. Injunctions can also be granted to prevent further misuse.
No, it is not necessary to show that the trade-mark is registered under the Spanish Royal Decree of 1888 or under this Act. Protection can be claimed by proving prior use and injury or likelihood to deceive the public.
A trade-name is any name, device, or mark used to distinguish the business, profession, trade, or occupation of a person from that of others. It need not appear on the goods but can be used in advertisements, signs, letterheads, etc.
Penalties include fines up to 2,500 dollars, imprisonment not exceeding three years, or both. Those who reproduce or aid in fraudulent use can face fines of up to 1,000 dollars or imprisonment up to eighteen months, or both.
Unfair competition includes giving goods the appearance of another manufacturer's goods by wrapping, devices, or words to deceive the public and defraud the legitimate trader, even if not by a formal trade-mark.
Those guilty of unfair competition may be fined up to 2,000 dollars, imprisoned for up to two years, or both, in addition to civil liability.
No, no action or prosecution shall be maintained if the violation relates to an unlawful business or articles, or if the complaining party used the trade-mark or trade-name to deceive the public.
Yes, the assignee of the original owner who establishes exclusive use may lawfully use and be protected under the Act if the assignment is shown in association with the trade-mark or trade-name.
An applicant must file a statement specifying details about the applicant, the class of merchandise or business, a description and facsimiles of the mark/name, mode of use, length of use, and pay a 25-dollar fee.
A trade-mark that is merely a name, quality, description of goods, geographical origin, or identical/similar to another registered mark causing public confusion cannot be registered.
Such certificates are conclusive evidence of exclusive ownership rights for the goods or businesses to which they apply.
Registration remains valid for 30 years from the date issued and may be renewed for a like period during the last six months prior to expiration.
Persons involved in fraudulent registration are liable for damages to injured parties and can be punished by a fine up to 1,000 dollars, imprisonment up to one year and one day, or both.
The Chief of the Bureau of Patents, Copyrights, and Trade-Marks is authorized to make rules and prescribe forms for transfer and recording of trade-mark or trade-name rights.
All duties of the Bureau of Patents, Copyrights, and Trade-Marks have been devolved upon the Chief of the Bureau of Forestry.
The Act repeals the Royal Decree of 1888 concerning the registration of trade-marks as it was continued in force by military order.
This Act took effect on its passage, March 6, 1903.