Case Summary (G.R. No. L-19297)

Basis of Right to Register Trademarks

• The right to register trademarks, tradenames, and service marks is based on ownership as stipulated in Sections 2 and 2-A of the Trade Mark Law.
• The applicant bears the burden of proving ownership of the trademark.
• Reference case: Operators, Inc. vs. Director of Patents, G.R. No. L-17901.

Insufficient Evidence of Ownership

• Exhibit "5," a letter of assignment for the trademark "LIONPAS," lacks sufficient proof of authority from the manufacturer.
• The letter is signed by an unidentified representative from the "Sundries Dept." with an illegible signature.
• Exhibit "6," a sworn statement, contradicts Exhibit "5" regarding the ownership status of "LIONPAS."
• Both exhibits do not meet the acknowledgment requirements under the Trade Mark Law, rendering them insufficient to establish ownership.

Importer or Distributor Rights

• The applicant, being merely an importer or distributor of "LIONPAS," lacks the legal standing to register the trademark in its name.
• Reference case: Operators, Inc. vs. Director of Patents.

Reviewability of Director of Patents' Decisions

• The Supreme Court is not bound by the Director of Patents' opinions regarding trademark similarity or dissimilarity.
• The Court retains the authority to make its own determinations on these matters.

Similarity in Sounds

• The trademarks "SALONPAS" and "LIONPAS" are found to be confusingly similar in sound.
• Both trademarks share the suffix "PAS," which denotes a type of plaster.
• The phonetic similarity is significant, especially in radio advertising where visual cues are absent.
• The Court cites previous cases emphasizing the importance of sound simil...continue reading