1. Marks, Collective Marks, and Trade Names Distinguished

TRADEMARKS

Modern authorities on trademark law view trademarks as performing three distinct functions:

• they indicate origin or ownership of the articles to which they are attached;
• they guarantee that those articles come up to a certain standard of quality; and
• they advertise the articles they symbolize. (Mirpuri v. Court of Appeals, G.R. No. 114508, 19 November 1999)¹

Mark

Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. (Sec. 121.1, IP Code²)

Collective Mark

Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. (Sec. 121.2, IP Code³)

Trade Name

Any name or designation identifying or distinguishing an enterprise (Sec. 121.3, IP Code)⁴;

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;
• It is liable to deceive trade circles or the public as to the nature of the enterprise identified by that name; or
• It is similar to a mark or a trade name owned by another person and its use would likely mislead the public.

A trade name refers to the business and its goodwill; a trademark refers to the goods. (Kaisha v. Court of Appeals and NSR Rubber Corporation, G.R. No. 120900, 20 July 2000)⁵