Rights of Foreign Corporations to Sue on the Basis alone of their Registration of Trademarks

A foreign corporation cannot successfully sue on the basis alone of their certificate of
registration of trademarks, for as a condition of their availment of such rights and privileges vi-a-
vis their trademarks in the Philippines, they ought to show proof that, on top of Philippine
Registration, their country grant substantially similar rights and privileges to Filipino Citizens
pursuant to Section 21-A of RA 166 (now under article 3 of RA 8293 as amended) [ Philippe
Morris, inc., et. al vs Fortune Tobacco Corporation, G.R. No. 158589, June 27, 2006]

Principle of Reciprocity

Members of the Paris Union do not automatically entitle them to the protection of their
trademarks in this country absent any showing of actual use of marks in local commerce and
trade. The Certificate of Registration is only a disputable presumption of actual use of such
marks, which may be overridden by evidence of non-use of such marks. However, in the event
that a trademark is not actually used in the local commerce or trade, the registrant may still sue
for infringement in the Philippine courts, but not for the protection of said trademarks. Impliedly
speaking, a suit for infringement is distinct from suit for protection of trademarks. (ibid)