Trademark As defined by WIPO: A trademark or brand-name is a distinctive sign which identifies certain goods or services as those produced or provided

by a specific person or enterprise. The period of protection for a trademark varies, but can generally be renewed indefinitely. As defined by RA 8293, Section 121.1 Mark means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods; (Sec. 38, R.A. No. 166a) Functions of Trademark From Ilana Simons work: Origin function Quality Guarantee function Advertising function

From Wolfgang Sakulins work Source Identification function Product Differentiation function Quality or Guarantee function Goodwill function

Philippine Jurisprudence Etepha v. Director of Patents G.R. No. L-20635 The objects of a trademark are "to point out distinctly the origin or ownership of the articles to which it is affixed, to secure to him who has been instrumental in bringing into market a superior article or merchandise the fruit of his industry and skill, and to prevent fraud and imposition. Gabriel v. Perez G.R. No. L-24075 A trademark can only be used in connection with the sale of the identical article that has been sold under the trademark or tradename to the extent necessary to establish them as such.