Republic Act No.

166 June 20, 1947 (a) Consists of or comprises immoral, deceptive or

AN ACT TO PROVIDE FOR THE REGISTRATION AND scandalous matter; or matter which may disparage or
PROTECTION OF TRADE-MARKS, TRADE-NAMES AND falsely suggest a connection with persons, living or dead,
SERVICE-MARKS, DEFINING UNFAIR COMPETITION AND institutions, beliefs, or national symbols, or bring them into
FALSE MARKING AND PROVIDING REMEDIES AGAINST THE contempt or disrepute;
SAME, AND FOR OTHER PURPOSES (b) Consists of or comprises the flag or coat of arms or
CHAPTER I - Powers, Duties and Functions of Patent Office other insignia of the Philippines or any of its political
Section 1. Transfer of powers from Bureau of Commerce to subdivisions, or of any foreign nation, or any simulation
Patent Office. - The powers, duties and functions vested in, or thereof;
performed and exercised by, the Bureau of Commerce in connection (c) Consists of or comprises a name, portrait, or signature
with the registration of trade-marks, trade-names and other marks identifying a particular living individual except by his written
are hereby transferred to the Patent Office. The administration of this consent, or the name, signature, or portrait of a deceased
Act shall devolve upon the Patent Office. President of the Philippines, during the life of his widow, if
All books, records, documents and files of the Bureau of Commerce any, except by the written consent of the widow;
relating to trade-marks, trade-names and other marks, and such (d) Consists of or comprises a mark or trade-name which
personnel of the said Bureau as is now discharging the functions or so resembles a mark or trade-name registered in the
performing the duties of the Bureau of Commerce in connection with Philippines or a mark or trade-name previously used in the
the registration of trade-marks, trade-names and other marks Philippines by another and not abandoned, as to be likely,
together with the corresponding appropriation, are transferred to the when applied to or used in connection with the goods,
Patent Office, and the Budget Commissioner shall make immediate business or services of the applicant, to cause confusion or
provision for such transfer. mistake or to deceive purchases; or
CHAPTER II - Registration of Marks and Trade-Names (e) Consists of a mark or trade-name which, when applied
Section 2. What are registrable. - Trade-marks, trade-names and to or used in connection with the goods, business or
service-marks may be registered in accordance with the provisions services of the applicant is merely descriptive or
of this Act. deceptively misdescriptive of them, or when applied to or
Section 3. Application by non-residents. - Any person filing an used in connection with the goods, business or services of
application for the registration of a mark or trade-name, who is not a the applicant is primarily geographically descriptive or
resident of the Philippines, must appoint an agent or representative deceptively misdescriptive of them, or is primarily merely a
in the Philippines upon whom notice or process relating to the surname.
application or registration of the mark or trade-name may be served. (f) Except as expressly excluded in paragraphs (a), (b), (c)
In the event of death, absence or inability of the agent or and (d) of this section, nothing herein shall prevent the
representative, a new agent or representative must be appointed, registration of a mark or trade-name used by the applicant
and notice thereof must be filed in the Patent Office. Upon failure to which has become distinctive of the applicant's goods,
maintain an agent or representative of record in the Patent Office, business or services. The Director may accept as prima
service on the Director shall be deemed sufficient. facie evidence that the mark or trade-name has become
Section 4. Registration of trade-marks, trade-names and distinctive, as applied to or used in connection with the
service-marks. - The owner of a trade-mark, trade-name or service- applicant's goods, business or services, proof of
mark used to distinguish his goods, business or services from the substantially exclusive and continuous use thereof as a
goods, business or services of others shall have the right to register mark or trade-name by the applicant in connection with the
the same, unless it: sale of goods, business or services for the five years next

RA 166 - Trademark | 1
 preceding the date of the filing of the application for its Section 7. Examination and publication. - Upon the filing of an
registration. application for registration and the payment of the required fee, the
Section 5. Requirements of the application. - The application for Director shall cause an examination of the application to be made,
the registration of a mark or trade-name shall be in English or and, if on such examination it shall appear that the applicant is
Spanish, or in the national language, with its corresponding English entitled to registration, the Director, upon payment of the required
translation, and signed by the applicant, and shall include: fee, shall cause the mark or trade-name to be published in the
(a) Sworn statement of the applicant's domicile and Official Gazette.
citizenship, the date of the applicant's first use of the mark If the applicant is found not entitled to registration, the Director shall
or trade-name, the date of the applicant's first use of the advise the applicant thereof and of the reasons therefor. The
mark or trade-name in commerce or business, the goods, applicant shall have a period of three months in which to reply or
business or services in connection with which the mark or amend his application, which shall then be re-examined. This
trade-name is used and the mode or manner in which the procedure may be repeated until the Director finally refuses
mark is used in connection with such goods, business or registration or the applicant fails within the required period to reply or
services, and that the person making the application amend or appeal, whereupon the application shall be deemed to
believes himself, or the firm, corporation or association on have been abandoned, unless it can be shown to the satisfaction of
whose behalf he makes the verification, to be the owner of the Director that the delay in responding was unavoidable, in which
the mark or trade-name sought to be registered, that the event such time may be extended in the discretion of the Director.
mark or trade-name is in use in commerce or business, An abandoned application may be revived as a pending application
and that to the best of his knowledge no person, firm, within three months from the date of abandonment, upon good
corporation or association has the right to use such mark or cause shown and the payment of the required fee.
trade-name in commerce or business either in the identical Section 8. Opposition. - Any person who believes that he would be
form thereof or in such near resemblance thereto as might damaged by the registration of a mark or trade-name may, upon
be calculated to deceive; payment of the required fee and within thirty days after the
(b) Such number of specimens or facsimiles of the mark or publication under the first paragraph of section seven hereof, file
trade-name as actually used as may be required by the with the Director as opposition to the application. Such opposition
Director; shall be in writing and verified by the oppositor, or by any person on
(c) Power of attorney, if the filing is through attorney; his behalf who knows the facts, and shall specify the grounds on
(d) The appointment of an agent or representative, if the which it is based and include a statement of the facts relied upon.
applicant is not domiciled in the Philippines; and Copies of certificates of registration of marks or trade-names
(e) The required fee. registered in other countries or other supporting documents
Section 6. Classification of goods and services. - The Director mentioned in the opposition shall be filed therewith, together with the
shall establish a classification of goods and services, for the translation thereof into English, if not in the English language. For
convenience of the Patent Office administration, but not to limit or good cause shown and upon payment of the required surcharge, the
extent the applicant's rights. The applicant may register his mark or time for filing an opposition may be extended for an additional thirty
trade-name in one application for any of all the goods or services days by the Director, who shall notify the applicant of such
included in one class, upon or in connection with which he is actually extension.
using the mark or trade-name. The Director may issue a single Section 9. Notice and hearing. - Upon the filing of an opposition,
certificate for one mark or trade-name registered in a plurality of the Director shall forthwith serve notice of the filing on the applicant,
classes upon payment of a fee equaling the sum of the fees for each and of the date of the hearing thereof upon the applicant and the
registration in each class. oppositor and all other persons having any right, title or interest in

RA 166 - Trademark | 2
the mark or trade-name covered by the application, as appear of prejudice or affect the applicant's or owner's rights then existing or
record in the Patent Office. thereafter arising in the disclaimed matter, nor shall such disclaimer
Section 10. Issuance and publication of certificates. - When the prejudice or affect the applicant's or owner's rights of registration on
period for filing the opposition has expired, or when the Director shall another application of later date if the disclaimed matter has become
have denied the opposition, the Director, upon payment of the distinctive of the applicant's or owner's goods, business or services.
required fee, shall issue the certificate of registration. Upon issuance Section 14. Voluntary surrender, cancellation, amendment and
of a certificate of registration, notice thereof making reference to the disclaimer after registration. - At any time, upon application of the
publication of the application shall be published in the Official registrant and payment of the required fee, the Director may permit
Gazette. any registration to be surrendered, cancelled, or for good cause
Section 11. Issuance and contents of the certificate. - Certificates shown to be amended, he may permit any registered mark or trade-
of registration shall be issued in the name of the Republic of the name to be disclaimed in whole or in part: Provided, That the
Philippines under the seal of the Patent Office, and shall be signed registration when so amended shall still contain registrable matter
by the Director, and a record thereof together with a copy of the and the mark or trade-name as amended shall still be registrable as
specimen or facsimile and the statement of the applicant, shall be a whole, and that such amendment or disclaimer does not involve
kept in books for that purpose. The certificate shall reproduce the such changes in the registration as to alter materially the character
specimen or facsimile of the mark or trade-name, contain the of the mark or trade-name. The Director shall make appropriate entry
statement of the applicant and state that the mark or trade-name is upon the records of the Patent Office and upon the certificate of
registered under this Act, the date of the first use, the date of the first registration or, if said certificate is lost or destroyed, upon a certified
use in commerce or business, the particular goods or services for copy thereof. The Director in his discretion and upon payment of the
which it is registered, the number and date of the registration, the required fee, may issue a substitute certificate limited to the term of
term thereof, the date on which the application for registration was the original certificate and incorporating such amendment or
received in the Patent Office, a statement of the requirement that in correction.
order to maintain the registration, periodical affidavits of use within CHAPTER III - Renewals of Certificate of Registration
the specified times hereinafter in section twelve provided, shall be Section 15. Renewal. - Each certificate of registration may be
filed, and such other data as the rules and regulations may from time renewed for periods of twenty years from the end of the expiring
to time prescribe. period upon the filing of an application therefor and the payment of
Section 12. Duration. - Each certificate of registration shall remain the required fee. Such application for renewal shall include a sworn
in force for twenty years: Provided, That registrations under the statement of the applicant's domicile and citizenship, the specific
provisions of this Act shall be cancelled by the Director, unless within goods, business or services in connection with which the mark or
one year following the fifth, tenth and fifteenth anniversaries of the trade-name is still in use, the period of any nonuse in reference to
date of issue of the certificate of registration, the registrant shall file the specific goods, business or services covered by original or
in the Patent Office an affidavit showing that the mark or trade-name renewed certificates of registration and any rights granted third
is still in use or showing that its non-use is due to special parties for the use of the mark or trade-name, any additional goods,
circumstances which excuse such non-use and is not due to any business or services to which the mark or trade-name has been
intention to abandon the same, and pay the required fee. extended during the period of the original or renewed certificates of
The Director shall notify the registrant who files the above-prescribed registration, and any material variation in the manner of display of
affidavits of his acceptance or refusal thereof and, if a refusal, the the mark or trade-name from that shown in the original or renewed
reasons therefor. certificate of registration. The applicant shall file the application
Section 13. Disclaimers before issue. - The Director shall require within six months before the expiration of the period for which the
unregistrable matter to be disclaimed, but such disclaimer shall not certificate of registration was issued or renewed, or it may be made

RA 166 - Trademark | 3
within three months after such expiration for good cause shown and registrant or any person in interest of record shall terminate. Notice
upon payment of the required surcharge. of cancellation shall be published in the Official Gazette.
In the event the applicant for renewal be not domiciled in the CHAPTER V - Rights and Remedies
Philippines, he shall be subject to and comply with the provisions of Section 20. Certificate of registration prima facie evidence of
paragraph (d), section five, Chapter II hereof. validity. - A certificate of registration of a mark or trade-name shall
Section 16. Effect of failure to renew registration. - Mere failure be prima facie evidence of the validity of the registration, the
to renew any registration shall not affect the right of the registrant to registrant's ownership of the mark or trade-name, and of the
apply for and obtain a new registration under the provisions of this registrant's exclusive right to use the same in connection with the
Act, nor shall such failure entitle any other person to register a mark goods, business or services specified in the certificate, subject to
or trade-name unless he is entitled thereto in accordance with the any conditions and limitations stated therein.
provisions of this Act. Section 21. Requirements of notice of registration of trade-
CHAPTER IV - Cancellation of Registration mark. - The registrant of a trade-mark, heretofore registered or
Section 17. Grounds for cancellation. - Any person, who believes registered under the provisions of this Act, shall give notice that his
that he is or will be damaged by the registration of a mark or trade- mark is registered by displaying with the same as used the words
name, may, upon the payment of the prescribed fee, apply to cancel "Registered in the Philippines Patent Office" or "Reg. Phil. Pat. Off.";
said registration upon any of the following grounds: and in any suit for infringement under this Act by a registrant failing
(a) That the registered mark or trade-name becomes the so to mark the goods bearing the registered trade-mark, no damages
common descriptive name of an article or substance on shall be recovered under the provisions of this Act unless the
which the patent has expired; defendant has actual notice of the registration.
(b) That it has been abandoned; Section 22. Infringement, what constitutes. - Any person who
(c) That the registration was obtained fraudulently or shall use, without the consent of the registrant, any reproduction,
contrary to the provisions of section four, Chapter II hereof; counterfeit, copy or colorable imitation of any registered mark or
(d) That the registered mark or trade-name has been trade-name in connection with the sale, offering for sale, or
assigned, and is being used by, or with the permission of, advertising of any goods, business or services on or in connection
the assignee so as to misrepresent the source of the with which such use is likely to cause confusion or mistake or to
goods, business or services in connection with which the deceive purchasers or others as to the source or origin of such
mark or trade-name is used; or goods or services, or identity of such business; or reproduce,
(e) That cancellation is authorized by other provisions of counterfeit, copy or colorably imitate any such mark or trade-name
this Act. and apply such reproduction, counterfeit, copy, or colorable imitation
Section 18. Requirements of petition; notice and hearing. - to labels, signs, prints, packages, wrappers, receptacles or
Insofar as applicable, the petition herein shall be in the same form as advertisements intended to be used upon or in connection with such
that provided in section eight, Chapter II hereof, and notice and goods, business or services, shall be liable to a civil action by the
hearing shall be as provided in section nine, Chapter II hereof. registrant for any or all of the remedies herein provided.
Section 19. Cancellation of registration. - If the Director finds that Section 23. Actions, and damages and injunction for
a case for cancellation has been made out he shall order the infringement. - Any person entitled to the exclusive use of a
cancellation of the registration. The order shall not become effective registered mark or trade-name may recover damages in a civil action
until the period for appeal has elapsed, or if appeal is taken, until the from any person who infringes his rights, and the measure of the
judgment on appeal becomes final. When the order or judgment damages suffered shall be either the reasonable profit which the
becomes final, any right conferred by such registration upon the complaining party would have made, had the defendant not infringed
his said rights, or the profit which the defendant actually made out of

RA 166 - Trademark | 4
the infringement, or in the event such measure of damages cannot CHAPTER VI - Unfair Competition
be readily ascertained with reasonable certainty, then the court may Section 29. Unfair competition, rights and remedies. - A person
award as damages a reasonable percentage based upon the who has identified in the mind of the public the goods he
amount of gross sales of the defendant of the value of the services manufactures or deals in, his business or services from those of
in connection with which the mark or trade-name was used in the others, whether or not a mark or trade-name is employed, has a
infringement of the rights of the complaining party. In cases where property right in the goodwill of the said goods, business or services
actual intent to mislead the public or to defraud the complaining so identified, which will be protected in the same manner as other
party shall be shown, in the discretion of the court, the damages may property rights. Such a person shall have the remedies provided in
be doubled. section twenty-three, Chapter V hereof.
The complaining party, upon proper showing, may also be granted Any person who shall employ deception or any other means contrary
injunction. to good faith by which he shall pass off the goods manufactured by
Section 24. Power of court to order infringing material him or in which he deals, or his business, or services for those of the
destroyed. - In any action arising under this Act, in which a violation one having established such goodwill, or who shall commit any acts
of any right of the registrant shall have been established, the court calculated to produce said result, shall be guilty of unfair
may order that all labels, sign, prints, packages, wrappers, competition, and shall be subject to an action therefor.
receptacles and advertisements in the possession of the defendant, In particular, and without in any way limiting the scope of unfair
bearing the registered mark or trade-name or any reproduction, competition, the following shall be deemed guilty of unfair
counterfeit, copy or colorable imitation thereof, and all plates, molds, competition:
matrices and other means of making the same, shall be delivered up (a) Any person, who in selling his goods shall give them the
and destroyed. general appearance of goods of another manufacturer or
Section 25. Authority to determine right to registration. - In any dealer, either as to the goods themselves or in the
action involving a registered mark or trade-name the court may wrapping of the packages in which they are contained, or
determine the right to registration, order the cancellation of the devices or words thereon, or in any other feature of
registrations, in whole or in part, restore cancelled registration, and their appearance, which would be likely to influence
otherwise rectify the register with respect to the registration of any purchasers to believe that the goods offered are those of a
party to the action. Judgments and orders shall be certified by the manufacturer or dealer other than the actual manufacturer
court to the Director, who shall make appropriate entry upon the or dealer, or who otherwise clothes the goods with such
records of the Patent Office, and shall be controlled thereby. appearance as shall deceive the public and defraud
Section 26. Action for false or fraudulent declaration. - Any another of his legitimate trade, or any subsequent vendor
person who shall procure registration in the Patent Office of a mark of such goods or any agent of any vendor engaged in
or trade-name by a false or fraudulent declaration or representation, selling such goods with a like purpose;
oral or in writing, or by any false means, shall be liable in a civil (b) Any person who by any artifice, or device, or who
action by any person injured thereby for any damages sustained in employs any other means calculated to induce the false
consequence thereof. belief that such person is offering the services of another
Section 27. Jurisdiction of Court of First Instance. - All actions who has identified such services in the mind of the public;
under this Chapter and Chapters VI and VII hereof shall be brought (c) Any person who shall make any false statement in the
before the proper Court of First Instance. course of trade or who shall commit any other act contrary
Section 28. Appeal. - Appeal may be taken from any judgment or to good faith of a nature calculated to discredit the goods,
final order of the Court of First Instance in the same manner as in business or services of another.
other actions.

RA 166 - Trademark | 5
CHAPTER VII - False Designation of Origin and False the assignee of the applicant, but the assignment must first be
Description recorded in the Patent Office. In case of change of ownership the
Section 30. False designation of origin and false description Director shall, at the request of the owner and upon proper showing
forbidden. - Any person who shall affix, apply, annex or use in and payment of the required fee, issue to such assignee a new
connection with any goods or services, or any container or certificate of registration of the said mark or trade-name in the name
containers for goods, a false designation of origin, or any false of such assignee, and for the unexpired part of the original period.
description or representation, including words or other symbols CHAPTER IX - Review of Orders or Decisions of Director
tending falsely to describe or represent the same, and shall cause Section 33. Appeal from action of Director. - Any party who has
such goods or services to enter into commerce, and any person who been denied registration of a mark or trade-name, or to the renewal
shall with knowledge of the falsity of such designation of origin or of the registration, or to any cancellation proceeding in the Patent
description or representation cause or procure the same to enter into Office, may appeal to the Supreme Court from the final order or
commerce, shall be liable to a civil action for damages and injunction decision of the Director.
provided in section twenty-three, Chapter V hereof, by any person Section 34. Procedure on appeal. - Sections sixty-three to seventy-
doing business in the locality falsely indicated as that of origin or in three, inclusive, Chapter VIII, of Republic Act No. _____ entitled "An
the region in which said locality is situated, or by any person who Act creating a Patent Office, prescribing its powers and duties,
believes that he is or is likely to be damaged by the use of any such regulating the issuance of patents, and appropriating funds therefor,"
false description or representation. shall be applicable to the appeals herein provided.
CHAPTER VIII - Assignment and Transmission of Rights CHAPTER X - Importations Prohibited
Section 31. Rights assignable and form of assignment. - A Section 35. Goods bearing infringing marks or trade-names. -
registered mark or trade-name, or one for which application to No article of imported merchandise which shall copy or simulate the
register has been filed shall be assignable with the goodwill of the name of any domestic product, or manufacturer, or dealer, or of any
business in which the mark or trade-name is used, or with that part manufacturer or dealer located in any foreign country which, by
of the goodwill of the business connected with the use of and treaty, convention or law affords similar privileges to citizens of the
symbolized by the mark or trade-name, and in any such assignment Philippines, or which shall copy or simulate a mark or trade-name
it shall not be necessary to include the goodwill of the business registered in accordance with the provisions of this Act, or shall bear
connected with the use of and symbolized by any other mark or a mark or trade-name calculated to induce the public to believe that
trade-name used in the business or by the name or style under the article is manufactured in the Philippines, or that it is
which the business is conducted. Upon payment of the required fee, manufactured in any foreign country or locality other than the country
the Director shall record assignments in due form in books kept for or locality where it is in fact manufactured, shall be admitted to entry
that purpose. at any customhouse of the Philippines. In order to aid the officers of
The assignment must be in writing, acknowledged before a notary the customs service in enforcing this prohibition, any person who is
public or other officer authorized to administer oaths or perform other entitled to the benefits of this Act, may require his name and
notarial acts and certified under the hand and official seal of the residence, and the name of the locality in which his goods are
notary or other officer. manufactured, a copy of the certificate of registration of his mark or
An assignment shall be void as against any subsequent purchaser trade-name to be recorded in books which shall be kept for this
for a valuable consideration without notice, unless it is recorded in purpose in the Bureau of Customs, under such regulations as the
the Patent Office within three months after the date thereof or prior Collector of Customs with the approval of the Secretary of Finance
to such subsequent purchase. shall prescribe, and may furnish to the said Bureau facsimiles of his
Section 32. Issuance of certificate of registration to assignee. - name, the name of the locality in which his goods are manufactured,
A certificate of registration of a mark or trade-name may be issued to or of his registered mark or trade-name, and thereupon the Collector

RA 166 - Trademark | 6
of Customs shall cause one or more copies of the same to be (a) The application in the Philippines is filed within six
transmitted to each collector or other proper officer of the Bureau of months from the date on which the applicant was first filed
Customs. in the foreign country; and within three months from the
Section 36. Goods with false designation of origin and false date of filing or within such time as the Director shall in his
description. - Any goods marked or labeled in contravention of the discretion grant, the applicant shall furnish a certified copy
provisions of section thirty, Chapter VII hereof, shall not be imported of the application for or registration in the country of origin
into the Philippines or admitted to entry at any customhouse in the of the applicant, together with a translation thereof into
Philippines. English, if not in the English language;
CHAPTER XI - Provisions in Reference to Foreign Industrial (b) The application conforms as nearly as practicable to the
Property requirements of this Act, but use in commerce need not be
Section 37. Rights of foreign registrants. - Persons who are alleged;
nationals of, domiciled in, or have a bona fide or effective business (c) The rights acquired by third parties before the date of
or commercial establishment in any foreign country, which is a party the filing of the first application in the foreign country shall
to any international convention or treaty relating to marks or trade- in no way be affected by a registration obtained on an
names, or the repression of unfair competition to which the application filed under this paragraph; and
Philippines may be a party, shall be entitled to the benefits and (d) Nothing in this paragraph shall entitle the owner of a
subject to the provisions of this Act to the extent and under the registration granted under this section to sue for acts
conditions essential to give effect to any such convention and committed prior to the date on which his mark or trade-
treaties so long as the Philippines shall continue to be a party name was registered in this country unless the registration
thereto, except as provided in the following paragraphs of this is based on use in commerce.
section. The registration of a mark under the provisions of this section shall
No registration of a mark or trade-name in the Philippines by a be independent of the registration in the country of origin and the
person described in the preceding paragraph of this section shall be duration, validity or transfer in the Philippines of such registration
granted until such mark or trade-name has been registered in the shall be governed by the provisions of this Act.
country of origin of the applicant, unless the applicant alleges use in Trade-names of persons described in the first paragraph of this
commerce. section shall be protected without the obligation of filing or
For the purposes of this section, the country of origin of the applicant registration whether or not they form parts of marks.
is the country in which he has bona fide and effective industrial or Any person designated in the first paragraph of this section as
commercial establishment, or if he has not such an establishment in entitled to the benefits and subject to the provisions of this Act shall
the country in which he is domiciled, or if he has not a domicile in be entitled to effective protection against unfair competition, and the
any of the countries described in the first paragraph of this section, remedies provided herein for infringement of marks and trade-names
the country of which he is a national. shall be available so far as they may be appropriate in repressing
An application for registration of a mark or trade-name under the acts of unfair competition.
provisions of this Act filed by a person described in the first Citizens or residents of the Philippines shall have the same benefits
paragraph of this section who has previously duly filed an application as are granted by this section to persons described in the first
for registration of the same mark or trade-name in one of the paragraph hereof.
countries described in said paragraph shall be accorded the same CHAPTER XII - Construction and Definitions
force and effect as would be accorded to the same application if filed Section 38. Words and terms defined and construed. - In the
in the Philippines on the same date on which the application was first construction of this Act, unless the contrary is plainly apparent from
filed in such foreign country: Provided, That - the context -

RA 166 - Trademark | 7
The term "trade-name" includes individual names and surnames, For issuance of a new certificate of registration following
firm names, trade-names, devices or words used by manufacturers, change of ownership of mark, twenty-five pesos;
industrialists, merchants, agriculturists, and others to identify their For filing petition for renewal of certificate of registration for
business, vocations or occupations; the names or titles lawfully each class, fifty pesos;
adopted and used by natural or juridical persons, unions, and any For filing petition for cancellation, fifty pesos;
manufacturing, industrial, commercial, agricultural or other For surcharge for any delayed payment or any delayed
organizations engaged in trade or commerce. action of an applicant or registrant, twenty-five pesos;
The term "trade-mark" includes any word, name, symbol, emblem, For notice of appeal from orders or decisions of
sign or device or any combination thereof adopted and used by a Commissioner, twenty-five pesos;
manufacturer or merchant to identify his goods and distinguish them For recording assignments for each mark or trade-name,
from those manufactured, sold or dealt in by others. ten pesos;
The term "service-mark" means a mark used in the sale or For issuance of a certificate regarding the registration or
advertising of services to identify the services of one person and non-registration of each mark or trade-name, ten pesos;
distinguish them from the services of others and includes without For issuance of an affirmative or negative certificate
limitation the marks, names, symbols, titles, designations, slogans, regarding the registration of any document in connection,
character names, and distinctive features of radio or other with a mark or trade-name, ten pesos;
advertising. For filing any other documents in connection with marks or
The word "business" includes vocations or occupations. trade-names not required by law to be filed, ten pesos;
The term "mark" includes any trade-mark or service-mark entitled to For certifying a copy to be a true and exact copy, one peso;
registration under this Act whether registered or not. For copies of records, two pesos per photostat sheet; one
The word "registrant" includes the owner of a registered mark or peso per one hundred words of typewritten copy; and
trade-name. For services not otherwise specified, the Director shall, by
Section 39. Fees. - The following fees shall be paid: regulation, provide the fees therefor.
For filing application for registration for each class included Section 40. Collective marks and collective trade-names. -
in the application, fifty pesos; Collective marks and collective trade-names belonging to
For filing application for revival of abandoned application cooperatives, associations or other collective groups or organization
for registration, twenty-five pesos; may also be registered under the provisions of this Act, even though
For publication in the Official Gazette of allowance of the said collectivities may not possess an industrial, commercial or
application, fifty pesos; agricultural establishment. Foreign collectivities may not, however,
For filing of opposition, fifty pesos; procure such registration if the existence of such collectivities is
For issuance and publication of certificate of registration, contrary to the laws of the country of origin.
twenty-five pesos; Such collective marks and collective trade-names, when registered,
For filing each affidavit required by section twelve, Chapter shall be entitled to the protection provided herein in the case of
II hereof, twenty-five pesos; marks and trade-names, except when used so as to represent
For filing disclaimer, amendment, surrender or cancellation falsely that the owner or a user makes or sells the goods on which
after registration, twenty pesos; the mark or trade-name is used, or so as to represent falsely the
For issuance of a substitute certificate of registration origin of the goods or services.
following correction of a registrant's mistake, twenty-five The other provisions of this Act relating to marks and trade-names
pesos; shall apply to collective marks and collective trade-names, except
that the part of paragraph (e), section four, Chapter II hereof, relating

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to geographically descriptive marks or trade-names shall not be hundred and three, and all laws amendatory thereto; Act Numbered
applicable in appropriate cases. Thirty hundred and seventy of the Philippine Legislature, approved
A "collective mark" or collective trade-name" is a mark or trade-name March sixteen, nineteen hundred and twenty-three; Act Numbered
used by the members of a cooperative, an association or other Thirty-two hundred and two, approved December three, nineteen
collective group or organization. hundred and twenty-four, and all other acts, or parts of acts
CHAPTER XIV - Miscellaneous Provisions inconsistent herewith, are hereby repealed.
Section 41. Reservation in favor of prior registration. - Owners of Section 45. Effective date. - This Act shall take effect on its
marks or trade-names registered under the provisions of the laws in approval.
force prior hereto, the registrations of which are still subsisting under Approved: June 20, 1947
the said laws are hereby granted the right:
(a) Within one year after the taking effect of this Act to
surrender their certificates of registration and procure the
issuance of new certificates, in which event they shall be
entitled to the benefits and subject to the provisions of this
Act; or
(b) Within one year before the expiration of the period for
which the certificates of registration was issued or
renewed, the registrant may renew the registration upon
filing an application therefor, as provided in section fifteen,
Chapter III hereof. If said application is granted a renewal
certificate shall be issued by the Director in accordance
with the provisions of this Act.
Section 42. Renewal of registrations which expired during the
war. - The provisions of this Act to the contrary notwithstanding,
registrations under prior laws which expired after the eighth day of
December, nineteen hundred forty-one, and which the owners were
not able to renew for causes arising out of the war, may be renewed
within one year after this Act takes effect, and non-use of the mark or
trade-name may be shown to be due to special circumstances. If the
application for renewal is granted, a renewal certificate to commence
from the date of the expiration of the prior registration shall be issued
by the Director in accordance with the provisions of this Act.
Section 43. Pending applications. - All applications for registration
pending on the effective date of this Act may be amended, if
practicable, to bring them under the provisions of this Act, without
the payment of any additional fee. The prosecution of such
applications whether amended or not and the grant of registrations
thereon shall conform to the provisions of this Act.
Section 44. Repealing clause. - Act Numbered Six hundred and
sixty-six of the Philippine Commission, approved March six, nineteen

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