Substituting And Altering Trademarks, Tradenames, Or Service Marks
On Criminal Law
ART.188.
ACTS PUNISHABLE:
1. By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer
or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer
or dealer upon any article of commerce; and (b) selling the same.
2. By selling or by offering for sale such article of commerce, knowing that the t/n or t/m
has been fraudulently used.
3. By using or substituting the service mark of some other person, or a colorable imitation
of such marks, in the sale or advertising of services.
4. By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another person to fraudulently use the same,
knowing the fraudulent purpose for which it is to be used.
TRADE-NAME OR TRADE-MARK – is a word or words, name, title, symbol, emblem,
sign or device, or any combination thereof used as an advertisement, sign, label, poster, or
otherwise, for the purpose of enabling the public to distinguish the business of the person
who owns and uses said trade-name or trade-mark
SERVICE MARK – is a mark used in the sale or advertising of services to identify the services
of one person and distinguish them from the services of others and includes without limitation
the marks, names, symbols, titles, designations, slogans, character names, and distinctive features
of radio or other advertising
NOTES:
The provisions of Articles 188 and 189 of the Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of the Philippines) are repealed.
The trade name, trademark or service mark need not be identical; a colorable imitation is
sufficient. There must not be differences which are glaring and striking to the eye.
“Mark” means any visible sign capable of distinguishing the goods or services of an
enterprise and shall include a stamped or marked container.
Trade name: identify or distinguish an enterprise; not necessarily attached or affixed
to the goods of the owner.
Trademarks: to indicate origin of ownership of goods to which it is affixed
In trademarks, it is not necessary that the goods of the prior user and the later user of
the trademark are of the same categories. The meat of the matter is the likelihood of
confusion, mistake or deception upon purchasers of the goods of the junior user of
the mark and goods manufactured by the previous user.
The trade name or trademark must be registered. Trademark must not be merely descriptive
or generic.
The exclusive right to an originally valid trademark or trade name is lost, if for any
reason it loses its distinctiveness or has become “publici juris.”
ACTS PUNISHABLE:
1. By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer
or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer
or dealer upon any article of commerce; and (b) selling the same.
2. By selling or by offering for sale such article of commerce, knowing that the t/n or t/m
has been fraudulently used.
3. By using or substituting the service mark of some other person, or a colorable imitation
of such marks, in the sale or advertising of services.
4. By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another person to fraudulently use the same,
knowing the fraudulent purpose for which it is to be used.
TRADE-NAME OR TRADE-MARK – is a word or words, name, title, symbol, emblem,
sign or device, or any combination thereof used as an advertisement, sign, label, poster, or
otherwise, for the purpose of enabling the public to distinguish the business of the person
who owns and uses said trade-name or trade-mark
SERVICE MARK – is a mark used in the sale or advertising of services to identify the services
of one person and distinguish them from the services of others and includes without limitation
the marks, names, symbols, titles, designations, slogans, character names, and distinctive features
of radio or other advertising
NOTES:
The provisions of Articles 188 and 189 of the Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of the Philippines) are repealed.
The trade name, trademark or service mark need not be identical; a colorable imitation is
sufficient. There must not be differences which are glaring and striking to the eye.
“Mark” means any visible sign capable of distinguishing the goods or services of an
enterprise and shall include a stamped or marked container.
Trade name: identify or distinguish an enterprise; not necessarily attached or affixed
to the goods of the owner.
Trademarks: to indicate origin of ownership of goods to which it is affixed
In trademarks, it is not necessary that the goods of the prior user and the later user of
the trademark are of the same categories. The meat of the matter is the likelihood of
confusion, mistake or deception upon purchasers of the goods of the junior user of
the mark and goods manufactured by the previous user.
The trade name or trademark must be registered. Trademark must not be merely descriptive
or generic.
The exclusive right to an originally valid trademark or trade name is lost, if for any
reason it loses its distinctiveness or has become “publici juris.”
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