INDUSTRIAL DESIGN VS.

TRADEMARK
INDUSTRIAL DESIGN TRADEMARK
An industrial design is generally the ornamental or A ‘trademark’, or simply a ‘mark’, is a sign capable
aesthetic aspects of a product. of distinguishing the goods or services produced
or provided by one enterprise from those of other
enterprises.
Design means the features of a pattern or shape Trademark is the brand or logo associated with the
that are applied to a particular article goods or services of a company or individual.
manufactured by an industrial process.
Outer features of the company’s products Represents existence of the business

A Design Registration focuses on protecting the Trademark Registration protects intangible assets
design of a specific product. such as symbol, logo, name, or word that
represents a business. The appearance of a
Trademark determines its relevancy in terms of
the nature of products & services and business
objective provided by the company. Protection is
furnished to protect the Trademark against the Act
of Trademark Infringement.
A design serves a particular intention or objective A Trademark can exist in different forms, such as a
and an application. It is simply a diagrammatic name, logo, or work. In the end, it should obey the
representation. uniqueness, but it does not seek innovation.

TRADE SECRETS
In Air Philippines Corp. vs. Pennswell, Inc (G.R. No. 172835, December 13, 2007), the Supreme Court
stressed that trade secrets should receive greater protection from discovery, because they derive
economic value from being generally unknown and not readily ascertainable by the public.
The Supreme Court noted that a trade secret is defined as a plan or process, tool, mechanism or
compound known only to its owner and those of his employees to whom it is necessary to confide it.
The definition also extends to a secret formula or process not patented, but known only to certain
individuals using it in compounding some article of trade having a commercial value.
Generally, a trade secret is a process or device intended for continuous use in the operation of the business,

In Mirpuri v. Court of Appeals (376 Phil. 628), the Supreme Court noted that the protection of industrial
property (like trade secrets) encourages investments in new ideas and inventions and stimulates creative
efforts for the satisfaction of human needs. It speeds up transfer of technology and industrialization, and
thereby brings about social and economic progress
An article by Quisumbing Torres law offices noted that there is no specific law in the Philippines governing
trade secrets, although the Intellectual Property (IP) Code recognizes the protection of undisclosed
information as an independent IP right.