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Article 188

Act No. 3815 · Revised Penal CodeKey provision

ELI5— what this means for you

Substituting and altering trade-marks and trade-names.-The penalty of prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos or both, shall be imposed upon: 1.

Official text — Act No. 3815

Substituting and altering trade-marks and trade-names.-The penalty of prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos or both, shall be imposed upon:

1. Any person who shall substitute the name or mark of some other manufacturer for the name or mark of the real manufacturer upon any article of commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-mark has been fraudulently used in such goods as described in the preceding subdivision; or

3. Any person who, knowing the purposes for which the trade-mark or trade-name of a person is to be used, prints, lithographs, or in any way reproduces such trade-mark or trade-name, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-mark or trade-name on his own goods.

A trade-name or trade-mark is a word or words, name, emblem, sign, or device used as an advertisement, sign, label, poster or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark.

Source: lawphil.net (Act No. 3815 as amended)

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