Case Digest (G.R. No. 183404)
Facts:
In Berris Agricultural Co., Inc. v. Norvy Abyadang, G.R. No. 183404, decided October 13, 2010 under the 1987 Constitution, respondent Norvy A. Abyadang, proprietor of NS Northern Organic Fertilizer in Baguio City, filed on January 16, 2004 with the Intellectual Property Office (IPO) a trademark application for NS D-10 PLUS covering fungicide (Class 5) with 80% Mancozeb (Serial No. 4-2004-00450), which was published for opposition on July 28, 2005. On August 17, 2005, petitioner Berris Agricultural Co., Inc., situated in Calauan, Laguna, lodged a Verified Notice of Opposition (IPC No. 14-2005-00099) contending that NS D-10 PLUS is confusingly similar to its registered trademark D-10 80 WP for identical goods. IPO-BLA Decision No. 2006-24 (April 28, 2006) and Resolution No. 2006-09(D) (August 2, 2006) sustained the opposition and rejected Abyadang’s application. Director General Cristobal of the IPPDG affirmed on July 20, 2007. Thereupon, Abyadang secured a reversal from the CourtCase Digest (G.R. No. 183404)
Facts:
- Parties and Trademark Applications
- Norvy A. Abyadang, proprietor of NS Northern Organic Fertilizer, filed on January 16, 2004 with the IPO an application (Serial No. 4-2004-00450) for the mark “NS D-10 PLUS” covering fungicide (Class 5) with 80% Mancozeb.
- Berris Agricultural Co., Inc., holder of registered trademark “D-10 80 WP” (Registration No. 4-2002-010272), filed a Verified Notice of Opposition (IPC No. 14-2005-00099) on August 17, 2005, alleging confusing similarity.
- Administrative Proceedings
- IPO-Bureau of Legal Affairs (BLA) Decision No. 2006-24 (April 28, 2006) sustained opposition and rejected “NS D-10 PLUS.” Reconsideration was denied by BLA Resolution No. 2006-09(D) (August 2, 2006).
- Appeal No. 14-06-13 to the IPO Director General was denied (Decision dated July 20, 2007), affirming the BLA.
- Judicial Proceedings
- Petition for review before the Court of Appeals (CA-G.R. SP No. 99928) resulted in CA Decision (April 14, 2008) reversing the IPO, granting registration of “NS D-10 PLUS” and canceling “D-10 80 WP.”
- CA denied Berris’s motion for reconsideration (Resolution dated June 18, 2008).
- Berris filed this Rule 45 petition for certiorari to the Supreme Court.
Issues:
- Whether the mark “NS D-10 PLUS” is confusingly similar to the registered mark “D-10 80 WP.”
- Whether Berris established prior ownership and use of “D-10 80 WP” sufficient to sustain the opposition.
- Whether the CA erred in canceling a validly registered mark without a proper petition for cancellation and without finding grave abuse of discretion by the IPO.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)