Case Digest (G.R. No. L-20170)
Facts:
- Bert R. Bagano filed a petition for the trademark "Efficascent Oil" on June 23, 1959.
- International Pharmaceuticals, Inc. filed a competing petition for the same trademark on August 17, 1959.
- The petitions were consolidated to determine priority in trademark use.
- The Director of Patents ruled on June 29, 1962, that Bagano claimed use since February 1, 1959, later amended to December 18, 1958.
- International Pharmaceuticals, Inc. asserted that its predecessor, Miguel K. Chiong, had used the trademark since June 8, 1949.
- Chiong had a permit from the Board of Pharmaceutical Examiners to prepare a product under the mark "EFFICOL," later changed to "EFFICASCENT OIL."
- Chiong sold the rights to the Wong Brothers, who formed International Pharmaceuticals, Inc.
- The Director found that International Pharmaceuticals, Inc. had continuous use of the trademark since 1949, supported by evidence.
- Bagano's evidence of prior use was deemed insufficient.
- The Director ruled in favor of International Pharmaceuticals, Inc., leading Bagano to appeal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the Director of Patents' decision, confirming that International Pharmaceuticals, Inc. had priority in the trademark "EFFICASCENT OIL."
- The Court found the evidence from the Jun...(Unlock)
Ratio:
- The ruling was based on the principle that the party demonstrating prior and continuous use of a trademark has superior rights to its registration.
- International Pharmaceuticals, Inc. provided permits and sales invoices indicating use since 1949.
- The Court emphasized that the Director's findings were supported by substantial evid...continue reading
Case Digest (G.R. No. L-20170)
Facts:
The case involves Bert R. Bagano as the petitioner and the Director of Patents along with International Pharmaceuticals, Inc. as the respondents. The events leading to this case began on June 23, 1959, when Bert R. Bagano filed a petition with the Philippine Patent Office for the registration of the trademark "Efficascent Oil." Shortly thereafter, on August 17, 1959, International Pharmaceuticals, Inc. also filed a petition for the same trademark. The two petitions were consolidated to determine which party had priority in the adoption and use of the trademark.
The Director of Patents rendered a judgment on June 29, 1962, stating that Bagano claimed to have adopted and used the trademark since February 1, 1959, although he later amended this date to December 18, 1958. In contrast, International Pharmaceuticals, Inc. (the Junior Party) asserted that its predecessor, Miguel K. Chiong, had been using the trademark since June 8, 1949. Evidence presented showed that Chiong had been granted a permit by the Board of Pharmaceutical Examiners to prepare a product under the mark "EFFICOL," which was later changed to "EFFICASCENT OIL."
Chiong sold the formula and associated rights to the Wong Brothers, who subsequently formed International Pharmaceuticals, Inc. to manufacture and distribute the product. The Director of Patents found that the Junior Party had continuously used the trademark since 1949, supported by sales invoices and permits, while Bagano failed to provide convincing evidence of prior use. Consequently, the D...