Philippine Nut Industry, Inc. v. Standard Brands, Inc.,
[GR L-23035. July 31, 1975]

“A word or phrase originally incapable of exclusive appropriation with reference to an article on the market because geographically or otherwise descriptive, might nevertheless have been used so long and so exclusively by one producer with reference to his article that, in that trade and to that branch of the purchasing public, the word or phrase has come to mean that the article was his product. Thus, the word "Selecta" which is a common ordinary term in the sense that it may be used or employed by any one in promoting his business or enterprise, but which once adopted or coined in connection with one's business as an emblem, sign or device or characterize its product or as a badge of authenticity may acquire a secondary meaning as to be exclusively associated with its products and business, so that its use by another may lead to confusion in trade cause damage to its business.

The doctrine of secondary meaning is applicable to the case at bar it appearing that the term PLANTERS has been used by and closely associated with respondent for its canned salted peanuts since 1938 and said terms has become a distinctive mark or symbol insofar as salted peanuts are concerned, and by priority of use, respondent has acquired a preferential right to its adoption as its trademark warranting protection against its usurpation by another.”