Facts:
Kolin Electronics Co., Inc. (KECI) filed evidence of prior use and ownership of the
KOLIN mark arising from a 1993 trademark application and an assignment from Kolin Electronics Industrial Supply, and on July 31, 2006 the Court of Appeals affirmed the IPO decisions that recognized KECI as the prior adopter and user of
KOLIN, a judgment that became final and executory in 2007 (the KECI ownership case). More than a decade later the Court in
Taiwan Kolin Corporation, Ltd. v. Kolin Electronics Co., Inc. (promulgated March 25, 2015) gave due course to Taiwan Kolin Co., Ltd.'s (TKC) trademark application for a stylized
KOLIN mark limited to “television and DVD player,” a decision that was based on a holistic similarity analysis and a finding that the goods at issue were not related to KECI’s products. On September 11, 2006 in the Philippines,
Kolin Philippines International, Inc. (KPII) filed Trademark Application No. 4-2006-010021 for the stylized
kol i n mark in Class 9 for “Televisions and DVD players,” which KECI opposed on the ground of confusing similarity with its registered
KOLIN word mark; the IPO-BLA sustained the opposition, the IPO-DG dismissed KPII’s appeal on September 12, 2013, the Court of Appeals reversed after the March 25, 2015 decision in
Taiwan Kolin, an...
(Subscriber-Only)
Issues:
Is
Kolin Philippines International, Inc. entitled to registration of its stylized
kol i n mark for “Televisions and DVD players”?
Does res judicata or the prior decision in
Taiwan Kolin Corporation, Ltd. v. Kolin Electronics Co., Inc. preclude reexamination of KPII’s application a...
(Subscriber-Only)
Ruling:
Ratio:
Doctrine: