The Department of Trade and Industry Regional Office III (DTI-3) recently reminded business establishments in Central Luzon on the unauthorized commercial use of business names and trademarks that are already registered under other establishments. Under the law, establishments bearing business names and trademarks that cause likelihood of confusion and unfair competition are sanctioned.
This reminder came as registered businesses have brought to the attention of the DTI some establishments using similarly confusing business names, logos and trademarks, which might constitute intellectual property infringement. In response, the agency and its Intellectual Property Office (IPO) desk at the DTI Regional Office III are already working on verifying the reported acts of infringements. For its part, the Intellectual Property Office adheres to the first to file principle with regards to claims to trademark, patent, copyright, utility model and other forms of intellectual property rights.
The DTI notes that unauthorized commercial use of business names registered under the DTI, the Securities and Exchange Commission (SEC) and the Cooperative Development Authority constitute infringement of intellectual property and are sanctioned by laws such as the Business Name Law or Act 3883 as amended, and the Intellectual Property Code of the Philippines or RA 8239.
Under RA 8239, administrative penalties for infringement violations include issuance of Cease and Desist Order, seizure of infringing products, cancellation of permits and other analogous penalties, aside from the imposition of administrative fines from Php 5,000 to 150,000 and a Php 1,000 penalty per day for continuing violation. Persons and establishments violating intellectual property rights may also face criminal liabilities such as imprisonment of two (2) to five (5) years and fines ranging from Php 50,000 to 200,000.
The public is requested to report intellectual property and trade name infringement violations to DTI-3 and its IPO desk at the Regional Government Center or call (045) 887 2577.
