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PHILIPS EXPORT B.V., PHILIPS ELECTRICAL LAMPS, INC. and PHILIPS INDUSTRIAL DEVELOPMENT, INC., petitioners, vs. COURT OF APPEALS, SECURITIES & EXCHANGE COMMISSION and STANDARD PHILIPS CORPORATION, respondents. MELENCIO-HERRERA, J.:

5/13/2024

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​FACTS:
Petitioner is the registered owner of the trademark PHILIPS and PHILIPS SHIELD EMBLEM issued by the Philippine Patent Office. Philips Electric Lamp Inc. and Philips Industrial Development Inc., also petitioners, are the authorized users of such trademark. Petitioner filed a case with SEC praying for a writ of injunction to prohibit herein respondent Standard Philips Corporation from using the word “PHILIPS” in its corporate name, which was denied. On appeal, the CA affirmed the SEC.

ISSUE:
Whether Standard Philips should be directed to delete the word PHILIPS from its corporate name.

HELD:
​YES. As early as Western Equipment and Supply Co. v. Reyes, 51 Phil. 115 (1927), the Court declared that a corporation's right to use its corporate and trade name is a property right, a right in rem, which it may assert and protect against the world in the same manner as it may protect its tangible property, real or personal, against trespass or conversion. It is regarded, to a certain extent, as a property right and one which cannot be impaired or defeated by subsequent appropriation by another corporation in the same field (Red Line Transportation Co. vs. Rural Transit Co., September 8, 1934, 20 Phil 549).

​  The fact that there are other companies engaged in other lines of business using the word "PHILIPS" as part of their corporate names is no defense and does not warrant the use by Private Respondent of such word which constitutes an essential feature of Petitioners' corporate name previously adopted and registered and-having acquired the status of a well-known mark in the Philippines and internationally as well (Bureau of Patents Decision No. 88-35 [TM], June 17, 1988, SEC Records). 
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