Whether or not there is a trademark infringement is not registered with the intellectual property office.

Whether or not there is a trademark infringement is not registered with the intellectual property office.

Answer : clearly the trade name need not be registered with the IPO before an infringement suit may be filed by its owner against the owner of an infringing trademark. All that is required is that the trade name is previously used in trade or commerce in the Philippines

There is infringement of trademark when the use of mark involved would be likely to cause confusion or mistake in the mind of the public or to deceive the purchaser as to the origin or source of commodity

Dominancy test

Failure to file a declaration of actual use is a judicial is an admission that he has judicially