Arce Sons v. Selecta Biscuit Co.
[GR 14761, Jan 28 1961]

Although the word "SELECTA" may be an ordinary or common word in the sense that it may be used or employed by any one in promoting his business or enterprise, once adopted or coined in connection with one's business as an emblem, sign or device to characterize its products, or as a badge or authenticity, it may acquire a secondary meaning as to be exclusively associated with its products and business. In this sense, its use by another may lead to confusion in trade and cause damage to its business.

Petitioner used the word "SELECTA" as a trade-mark and as such the law gives it protection and guarantees its use to the exclusion of all others. It is in this sense that the law postulates that "The ownership or possession of a trade-mark, . . . shall be recognized and protected in the same manner and to the same extent, as are other property rights known to the law," thereby giving to any person entitled to the exclusive use of such trade-mark the right to recover damages in a civil action from any person who may have sold goods of similar kind bearing such trade-mark .