Case Digest (G.R. No. L-19297)
Facts:
- Parties Involved: The case involves Marvex Commercial Co., Inc. (petitioner) and Petra Hawpia & Co. along with the Director of Patents (respondents).
- Trademark Application: Petra Hawpia & Co., based in Manila, applied to register the trademark "LIONPAS" for medicated plaster on October 14, 1958, claiming continuous use since June 9, 1958.
- Opposition: Marvex Commercial Co., Inc., also based in the Philippines, opposed the registration on July 24, 1959, arguing it would infringe on their trademark "SALONPAS," registered on September 29, 1956.
- Director's Decision: The Director of Patents dismissed the opposition on August 18, 1961, stating that confusion between the two trademarks was unlikely.
- Appeal: Marvex Commercial Co., Inc. appealed the decision, leading to the current case.
Issue:
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Ruling:
- Ownership Not Proven: Petra Hawpia & Co. is not the owner of the trademark "LIONPAS."
- Second Issue Not Addressed: The court did not find the second issue significant and did not address it.
- Confusing Similarity E...(Unlock)
Ratio:
Ownership Evidence:
- Under Sections 2 and 2-A of the Trade Mark Law, ownership is essential for registration, and the applicant must prove ownership.
- Petra Hawpia & Co. failed to provide sufficient evidence of ownership.
- Exhibit 5, an assignment letter from "OSAKA BOEKI KAISHA, LTD." to Petra Hawpia & Co., was not properly acknowledged.
- Exhibit 6, a joint sworn statement from the presidents of "OSAKA BOEKI KAISHA, LTD." and "ASUNARO PHARMACEUTICAL INDUSTRY CO." contradicted the assignment.
- Other evidence indicated Petra Hawpia & Co. was merely an importer and distributor, not the owner.
Similarity of Trademarks:
- The court found "SALONPAS" and "LIONPAS" confusingly similar in sound.
- Both trademarks share the suffix "PAS," indicating a plaster with curative properties.
- Simila...continue reading
Case Digest (G.R. No. L-19297)
Facts:
The case involves Marvex Commercial Co., Inc. as the petitioner and Petra Hawpia & Co. along with the Director of Patents as respondents. The events leading to this case began on October 14, 1958, when Petra Hawpia & Co., a partnership operating at 543 M. de Santos (Botica Divisoria), Manila, filed a petition with the Philippine Patent Office to register the trademark "LIONPAS" for its medicated plaster. The applicant claimed continuous use of the trademark in the Philippines since June 9, 1958. In response, Marvex Commercial Co., Inc., a corporation also organized under Philippine law, filed an opposition on July 24, 1959. Marvex argued that the registration of "LIONPAS" would infringe upon its rights to the trademark "SALONPAS," which was already registered under Certificate of Registration 5466, issued on September 29, 1956. Marvex contended that the two trademarks were confusingly similar and would mislead the public. After a hearing, the Director of Patents dismissed the opposition on August 16, 1961, concluding that confusion among consumers was unlikely. Marvex's motion for reconsideration was denied on November 27, 1961, prompting the company to appeal the decision.
Issue:
- Is Petra Hawpia & Co. the rightful owner of the trademark "LIONPAS"?
- Should the application for "LIONPAS&...