Ipl Digest
Ipl Digest
Ipl Digest
Teodoro
phrase "ang tibay" is never used G.R. No. L-48226
adjectively to define or describe an object. December 14, 1942
The trade mark "RACE BRAND" applied Asari Yoko Co., Ltd., a Japanese
for is exactly the same as the trade mark corporation, opposed to the registration of
"RACE BRAND" registered in Tokyo. the trade mark of petitioner on the ground
Therefore, The petitioner-oppositor was that he is the owner of the trade mark
the first user of the trade mark in question because the same is registered in Japan
in the Philippines, it will be damaged by and in the Philippines. It was registered on
the registration of the trade mark in the August, 1929, under the provisions of Act
name of applicant-respondent. No. 666. that the trade mark as been in
continuous use in commerce in, and trade
MEAD JOHNSON and COMPANY, vs. N. with the Philippines since its registration
V. J. VAN DORP, LTD., ET AL until the early art of 1942, and then again
G.R. No. L-17501 April 27, 1963 after the liberation of the Philippines up to
the present; that the trade mark was ever
Facts: abandoned by the registrant and that it will
Respondent N. V. J. Van Dorp, Ltd, a be damaged by the registration of the
corporation doing business in Netherlands, same.
filed an application for the registration of
the trademark “ALASKA” for the use of the Director of Patents dismissed the
opposition and adjudged applicant Kee
milk which is in red. Fourth, the their product which covers milk, milk
classification of their products were both products, dairy products and infant's foods.
dissimilar. Petitioner’s product falls under
Class 6 of the official classification as Petitioner Mead Johnson & Company,
Medicines and Pharmaceutical owner of the trademark "ALACTA" used for
Preparations”. On the other hand, powdered half-skim milk, filed an
respondent’s products falls under Class 47 opposition on the ground that it will be
which refers to "Foods and Ingredients of damaged by the said registration as the
Foods”. trademark “ALASKA" is confusingly similar
to its trademark “ALACTA".
Doctrine:
In determining if they are confusingly Respondent alleged that its trademark and
similar a comparison of said words is not product "ALASKA" are entirely different
the only determinant factor. The from oppositor's trademark and product
trademarks in their entirety as they appear "ALACTA", since applicant's product
in the respective labels must also be covers milk, milk products, dairy products
considered in relation to the goods to and infant's foods which fall under Class
which they are attached. 47 Foods and Ingredients of Foods, while
oppositor's products cover pharmaceutical
preparations for nutritional needs which fall
Chua Che, petitioner, vs. Philippine under Class 6, which refers to Medicines
Patent Office and Sy Tuo and Pharmaceutical Preparations.
G.R. No. L-18337 January 30, 1965
The Director of the Patent Office dismissed
Facts: the opposition.
Petitoner, Chua Che, filed an application
for the registration of the trademark “X-7” Issue:
for use on laundry soap. Petitioner alleged WON the respondent’s trademark “alaska”
that he first used the trade name “X-7” in would cause confusion or mistakes in the
commerce on June 10, 1957. mind of the public or deceive purchasers?