G.R. No. 185917 - Fredco Manufacturing Corp. vs. President and Fellows of Harvard College

Petitioner Fredco Manufacturing Corporation (Fredco), a Philippine corporation, filed a Petition for Cancellation on 10 August 2005 before the IPO’s Bureau of Legal Affairs to cancel Registration No. 56561 issued to President and Fellows of Harvard College (Harvard University) for the mark “Harvard Veritas Shield Symbol” covering goods under Classes 16, 18, 21, 25, and 28.
Fredco’s predecessor, New York Garments Manufacturing & Export Co., Inc., used and registered the mark “Harvard” in the Philippines for Class 25 goods (t-shirts, jackets, slacks, etc.) on 24 January 1985 (registration issued 12 December 1988), later assigned to Romeo Chuateco, and eventually lapsing on 30 July 1998 due to non-filing of affidavit of use.

Harvard University alleged ownership of the “Harvard” name and mark in over 50 countries, including the Philippines, and use in commerce since at least 1872 (institution founded 1636).
In the Philippines, Harvard held valid registrations:

Harvard’s Trademark Licensing Program (est. 1989) managed worldwide licensing; no authorization was granted to Fredco.

IPO–Bureau of Legal Affairs Decision (22 December 2006): granted Fredco’s petition, cancelling Registration No. 56561 only for Class 25 goods.
IPO–Office of the Director General Decision (21 April 2008): reversed the BLA, ruling Fredco lacked ownership rights and unclean hands; restored Harvard’s registration for Class 25.
Court of Appeals Decision (24 October 2008) and Resolution (8 January 2009): denied Fredco’s petition for review, affirmed the Director General’s decision, and denied reconsideration.

Fredco filed this Rule 45 petition challenging the CA’s affirmation of the IPO’s reversal of the registration cancellation.
The central contention is whether the CA committed reversible error in upholding Harvard’s registration for Class 25 goods.

Whether the Court of Appeals erred in affirming the IPO Director General’s decision restoring Harvard University’s Registration No. 56561 for Class 25 goods.

Whether actual prior use in the Philippines or home registration under Section 37 of R.A. No. 166 (and deemed grant under R.A. No. 8293 Sec. 239.2) gives Harvard valid title.
Whether Fredco’s use of “Harvard” falsely suggests connection to Harvard University, violating Section 4(a) of R.A. No. 166.
Whether Harvard’s “Harvard” mark is a well-known mark protected under the Paris Convention (Art. 6 bis, Art. 8) and Philippine law (R.A. No. 166 Sec. 37; R.A. No. 8293 Sec. 123.1(e)).