Laberge, Inc., manufactures and markets after-shave lotion, shaving cream, deodorant, talcum powder and toilet soap, using the trademark “PRUT”, which is registered with the Phil. Patent Office. Laberge does not manufacture briefs and underwear and these items are not specified in the certificate of registration. JG who manufactures briefs and underwear, wants to know whether, under our laws, he can use and register the trademark “PRUTE” for his merchandise. What is your advice?
Yes, he can use and register the trademark “PRUTE” for his merchandise. The trademark registered in the name of Laberge Inc. covers only after-shave lotion, shaving cream, deodorant, talcum powder and toilet soap. It does not cover briefs and underwear. The limit of the trademark is stated in the certificate issued to Laberge Inc. It does not include briefs and underwear which are different products protected by Laberge’s trademark. JG can register the trademark “PRUTE” to cover its briefs and underwear (Faberge Inc. v. IAC, G.R. No. 71189, Nov. 4, 1992)