Use by Third Party / Licensee
If the mark is to be used in the Philippines by a party other than the registrant, it is advisable that a trademark license agreement be implemented between the parties and recorded with the IPO. Under the Intellectual Property Code (IP Code), use of a mark by a company related to the registrant or under its control shall inure to the benefit of the registrant. Any trademark license agreement must provide for effective control by the licensor of the quality of the goods and services of the licensee. It must also comply with regulations governing technology transfer arrangements. Otherwise, the agreement may be considered invalid or unenforceable. A trademark license agreement must also be recorded with the IPO in order to have effect against third parties.
Use of Registered Mark Symbol
While it is not mandatory to place the symbol or the words “Registered Mark” alongside a registered mark when used on products or in connection with services, the absence of the symbol or the words “Registered Mark” may affect the registrant¹s entitlement to damages in an infringement action. Under the IP Code, the owner of a registered mark shall not be entitled to profits or damages in an infringement action unless the acts have been committed with knowledge that such imitation is likely to cause confusion, or to cause mistake, or to deceive. Such knowledge is presumed if the registrant gives notice that his mark is registered by displaying with the mark the symbol or the words “Registered Mark”.
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