Tradename – Why is it Important?

Tradename – Why is it Important?

According to the Intellectual Property Code of the Philippines, Section 121 defines trade name as “the name or designation identifying or distinguishing an enterprise.”


When may a trade name not be used?

According to Section 165.1 of the same code, “a name or designation may not be used as a trade name if by its nature or the use to which such name or designation may be put, it is contrary to public order or morals and if, in particular, it is liable to deceive trade circles or the public as to the nature of the enterprise identified by that name.”


Are trade names protected even without registration?

Section 165.2 of The Intellectual Property Code of the Philippines provides that,

“(a) notwithstanding any laws or regulations providing for any obligation to register trade names, such names shall be protected, even prior to or without registration, against any unlawful act committed by third parties;


(b) In particular, any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be deemed unlawful.”


What happens when there is a change in the ownership of a trade name?

According to Section 165.4 of the same Code, “Any change in the ownership of a trade name shall be made with the transfer of the enterprise or part thereof identified by that name. The provisions of Subsections 149.2 to 149.4 shall apply mutatis mutandis.”


Similarly, “the remedies provided for in Sections 153 to 156 and Sections 166 and 167 shall apply mutatis mutandis.”


What happens when there are goods bearing infringing marks or trade names?

Section 166 of the Code states that, “No article of imported merchandise which shall copy or simulate the name of any domestic product, or manufacturer, or dealer, or which shall copy or simulate a mark registered in accordance with the provisions of this Act, or shall bear or mark or trade name calculated to induce the public to believe that the article is manufactured in the Philippines, or that it is manufactured in any foreign country or locality other than the country or locality where it is in fact manufactured, shall be admitted to entry at any customhouse of the Philippines.”


Need further information and assistance regarding the importance of trade name in the Philippines? Talk to our team at FilePino to know more about the requirements and process. Call us today at 1.806.553.6552 (USA) or +63.917.892.2337 (Philippines) for more information.