What is a trademark?
A trademark is any distinctive word,
name, symbol, emblem, sign, or device, or any combination thereof, adopted and
used by a manufacturer or merchant on his goods to
identify and distinguish them from those manufactured, sold, or dealt by
others.[1] Inarguably, it is an intellectual property deserving protection by law.
In trademark controversies, each case must be scrutinized according to its
peculiar circumstances, such that jurisprudential precedents should only be
made to apply if they are specifically in point.[2][3]
[1] Prosource International, Inc. v. Horphag Research Management SA, G.R. No.
180073, November 25, 2009, 605 SCRA 523, 528; McDonald's Corporation v. MacJoy
Fastfood Corporation, G.R. No. 166115, February 2, 2007, 514 SCRA 95, 107.
[1] Prosource International, Inc. v. Horphag Research Management SA, G.R. No.
180073, November 25, 2009, 605 SCRA 523, 528; McDonald's Corporation v. MacJoy
Fastfood Corporation, G.R. No. 166115, February 2, 2007, 514 SCRA 95, 107.
[2] Philip Morris, Inc. v. Fortune Tobacco Corporation, G.R. No. 158589, June 27, 2006, 493 SCRA 333, 356.
[3] Dermaline v. Myra Pharmaceuticals, G.R. No. 190065, August 16, 2010.