G.R. No. 45514 ; October 17, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO GENATO, defendant-appellant.

FACTS

The accused, Francisco Genato, as vice-president and general manager of the Genato Commercial Corporation, was convicted for violating Act No. 3202 , as amended by Act No. 3594 . He sold and distributed in Manila cigarettes bearing the trade-mark “Domino,” which were consigned to his corporation, without first registering said trade-mark in the Bureau of Commerce. He was sentenced to pay a fine. The facts are undisputed.

ISSUE

Whether Acts Nos. 3202 and 3594, which make compulsory the registration of trade-marks for cigars and cigarettes, are applicable to cigarettes manufactured in the United States and imported into the Philippines for distribution and sale.

RULING

Yes. The laws apply to all cigars and cigarettes sold in the Philippines, regardless of their country of manufacture. The statutory language—”no trade-mark or trade-name shall be used on cigars or cigarettes in the Philippine Islands”—makes no distinction based on origin. The purpose of the laws is to protect local manufacturers by preventing the use of unregistered trade-marks, thereby allowing them to oppose any application for a mark that imitates their own. The defense of good faith is invalid, as the act of selling without registration itself constitutes the violation. The conviction is affirmed.

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