5. Rights Conferred by Registration

RIGHTS CONFERRED BY REGISTRATION

The owner of a registered mark shall have the exclusive right:

• to prevent all third parties not having the owner’s consent
• from using in the course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is registered
• where such use would result in a likelihood of confusion.

Note: In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. (Sec. 147.1, IP Code)

The exclusive right of the owner of a well-known mark which is registered in the Philippines, shall extend to goods and services which are not similar to those in respect of which the mark is registered, Provided:

• That the use of that mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered mark; and
• That the interests of the owner of the registered mark are likely to be damaged by such use. (Sec. 147.2, IP Code)

The ownership of a trademark or tradename is a property right that the owner is entitled to protect. However, use of the same trademark on a product in which the owner does not deal may still be objected to if the mark is registered and well-known, the use indicates a connection with the owner, and the owner's interests are likely to be damaged. (Canon Kabushiki Kaisha v. Court of Appeals, G.R. No. 120900, 2000; Sec. 147.2, IP Code)

Under the IP Code, registration generally establishes ownership under the first-to-file rule, subject to challenges such as bad-faith registration and protection afforded to prior good-faith use. The registrant's right to prevent use on dissimilar goods or services is governed by Sec. 147.2. (Zuneca Pharmaceutical v. Natrapharm, Inc., G.R. No. 211850, 8 September 2020; Sec. 147.2, IP Code).