L-12083, promulgated July 31, 1957). Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. 764), Free exercise of religion = basis of tax exemption, G. R. No. 1074), ABOUT US - PROJECT JURISPRUDENCE PHILIPPINES, PRIVACY POLICY - www.projectjurisprudence.com, Wife's vag too small so husband wants annulment, Failed the bar twice; now, she's a lawyer, Chi Ming Tsoi v. CA (G.R. The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in an infringement case. Upon the evidence aliunde presented by the parties, the Court of Appeals concluded "that the mark "olo" appearing on these ballots was placed thereon by some other person after they had been cast by their respective voters." G.R. Consequently, the decision rendered by the Director of Patents dated September 3, 1990 is hereby AFFIRMED.". Petitioner has failed to rebut this presumption. Leon Amdur, in his book "TradeMark Law and Practice", pp. A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. G.R. No. 139300 - Lawphil In view of the circumstances mentioned above obtaining in the case of Abrea v. Lloren, supra, we believe that the doctrine laid down therein regarding nickname is inapplicable to the instant case. 17-22; written by Justice Demetrio G. Demetria, with the concurrence of Justices Ramon A. Barcelona and Renato C. Dacudao. 858, 87 N.W.2d 619 (1958), it was noted that: Idem Sonans and Dominancy&Holistic Test | PDF | Trademark - Scribd Mar 6, 2013 (705 Phil. 4255). 12 Villaflor v. CA, 280 SCRA 297, 329-330, October 9, 1997, per Panganiban, J. Rejecting this ballot as marked, the Court of Appeals stated that the writings of the name "Julia Valdelion" after crossing out the name "E. Cea" clearly indicates an intention to mark the ballot. 419-421 . On this ballot, the voter wrote the name "Juan C. Bajo" on the last line for councilors. No. L-45502, 2 May 1939 . 9 This provision is substantially reproduced in Section 138 of RA 8293, otherwise known as "Intellectual Property Code of the Philippines.". Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name, if the misspelled name sounds the same when pronounced. The registration of the above marks in favor of respondent constitutes prima facie evidence, which petitioner failed to overturn satisfactorily, of respondent's ownership of those marks, the dates of appropriation and the validity of other pertinent facts stated therein. No. In most jurisdictions, courts and trademark offices decide fame on a case-by-case basis. Petitioner contends that the word or nickname "Batring" which is not the nickname of candidate Dimas Postillo is a distinguishing mark sufficient to invalidate this ballot. Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. The actual search results may reveal a debtor with a similar name and address which would put the researcher on notice to investigate further, which is the purpose of the filing in the first place. [Petitioner]'s mark is a combination of the different registered marks owned by [respondent]. keys to navigate, use enter to select. It is not the task of an appellate court to weigh once more the evidence submitted before the administrative body and to substitute its own judgment for that of the administrative agency in respect of sufficiency of evidence.
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