In support of his contention, he cites the recent case of Tabiana v. Abordo (Case No. 14 Asia Brewery v. CA (Case Digest. Trade-names of persons described in the first paragraph of this section shall be protected without the obligation of filing or registration whether or not they form parts of marks. 13887 dated May 9, 1968; and. From these provisions it may be inferred that the use of nickname only as a vote is not allowed or permitted otherwise the vote would be invalid. The rule of idem sonans, the test of which is whether the sound of the variant spelling is the same or similar, does not apply to these two ballots. Furthermore, [petitioner]'s mark is only registered with the Supplemental Registry which gives no right of exclusivity to the owner and cannot overturn the presumption of validity and exclusiv[ity] given to a registered mark. The legal effect of an idem sonans is that the minor name difference shall have no bearing on the priority of debtors. Justice demands we videotape all police interrogat G. R. No. Indeed, Section 20 of Republic Act 166 provides as follows: "Sec. 2023. 1411), G.R. In trademark law, the term designates a name that sounds close enough to a registered trademark to create confusion among consumers and infringe that mark, so the Steinway company was able to . Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. nans -s-nanz, -nnz : relating to or being two names having the same or similar pronunciation or sound the two names are not idem sonans Johnson v. Estelle, 704 F.2d 232 (1983) compare misnomer If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. And in the fourth place, there being no candidate for councilor by the name of Juan C. Bajo, said name shall be considered as a stray vote which shall not invalidate the whole ballot (Par 13, Section 149, Revised Election Code). ", In the present case, a resort to either the Dominancy Test or the Holistic Test shows that colorable imitation exists between respondent's "Gold Toe" and petitioner's "Gold Top." No. Inarguably, a trademark deserves protection.20 G.R. Section 5-A of Republic Act No. No. On the basis of the evidence presented by the Court of Appeals concluded that there was "no clear identification of an intention to mark the ballot"; hence, it admitted the said ballot in favor of respondent. vs. These three (3) ballots contain printed stickers of senatorial candidate Jesus Cuenco pasted on the spaces for senators. The question at issue in cases of infringement of trademarks is whether the use of the marks involved would be likely to cause confusion or mistakes in the mind of the public or deceive purchasers. We are however of the opinion that the ballot Exhibit T-94 wherein the name "Ledesma" was written in big printed letters can be validated as being merely the expression of the voter to clarify or emphasize his vote in favor of Ledesma. Examining the ratio decidendi in the case of Abrea v. Lloren, supra, the reason why this Court admitted ballots containing only a nickname was because 602 of the total number of 1,010 votes counted for Isabelo Lloren were cast by writing his nickname "Beloy"; and it had no alternative than to brush aside legal technicalities for the sake of "giving effect to the will of the people as freely and clearly expressed on the ballots." Moreover, in Section 149, paragraph 1, of the Revised, Election Code, it is provided that "any ballot where only the Christian name or only his surname appears is valid (paragraph 1). Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name, if the misspelled name sounds the same when pronounced. Rules for the appreciation of ballots. What is theidem sonans rule in trademark? Respondent contends that said court committed error in invalidating this ballot invoking the provision on paragraph 13, section 149 of the Revised Election Code. For the same reason, hardly is there any variance in their appearance. Published under license with Merriam-Webster, Incorporated. On the other hand, [petitioner's] trademark and device 'GOLD TOP, Linenized for Extra Wear' has the dominant color 'white' at the center and a 'blackish brown' background with a magnified design of the sock's garter, and is labeled 'Amigo Manufacturing Inc., Mandaluyong, Metro Manila, Made in the Philippines'. He contends that Jose de la Cruz was not a candidate for any office but was a registered voter in the precinct where this ballot was cast. One ballot (Exh. (1) Nonetheless, over the years, the Supreme Court has fashioned two tests (ie, the dominancy and holistic tests) to determine whether a mark . - The application for the registration of a mark or trade-name shall be in English or Spanish, or in the national language, with its corresponding English translation, and signed by the applicant, and shall include: (a) Sworn statement of the applicant's domicile and citizenship, the date of the applicant's first use of the mark or trade-name, the date of the applicant's first use of the mark or trade-name in commerce or business, the goods, business or services in connection with which the mark or trade-name is used and the mode or manner in which the mark is used in connection with such goods, business or services, and that the person making the application believes himself, or the firm, corporation or association on whose behalf he makes the verification, to be the owner of the mark or trade-name sought to be registered, that the mark or trade-name is in use in commerce or business, and that to the best of his knowledge, no person, firm, corporation or association has the right to use such mark or trade-name in commerce or business either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive. The Lawphil Project - Arellano Law Foundation. A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. Sounding the same or alike; having the same sound. To be material, a variance must be such as has misled the opposite party to his prejudice. Law School Case Brief; Nat'l Packaging Corp. v. Belmont - 47 Ohio App. G.R. July 4, 2012 (690 Phil. In . Lastly, the names of the brands are similar -- "Gold Top" and "Gold Toe." Jun 30, 1966 (123 Phil. 477), BATAS: Mga kasambahay, dapat bigyan ng 13th month pay, G.R. L-12083, promulgated July 31, 1957). Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. To emphasize, Section 5-A of Republic Act 166 requires the date of first use to be specified in the application for registration. Ballot Exhibit T-144. Arturo S. Santos, was received by the Court on February 24, 2000. Samson v. Daway (Case Digest. - A certificate of registration of a mark or trade-name shall be prima facie evidence of the validity of the registration, the registrant's ownership of the mark or trade-name, and of the registrant's exclusive right to use the same in connection with the goods, business or services specified in the certificate, subject to any conditions and limitations stated therein."9. S. A. v. Director of Patents/ this Court unequivocally said that 23, Section 149, Revised Election Code). The FindLaw Legal Dictionary -- free access to over 8260 It is a settled rule in election contests that "the findings of fact of the Court of Appeals with regard to the evidence aliunde submitted by both parties are no longer open for review, the function of this court being limited to determining if the appreciation made of said ballots by the Court of Appeals, apart from the evidence alluded to, was made in accordance with law and ruling of this Court" (Hilao V. Bernados, G.R. 8293, otherwise known as the Intellectual Property Code of the Philippines ("IP Code"), defines a trademark as any visible sign capable of distinguishing the goods or services of an enterprise. Prohibition against taxation of non-stock, non-pro G.R. (a) The application in the Philippines is filed within six months from the date on which the applica[tion] was first filed in the foreign country; and within three months from the date of filing or within such time as the Director shall in his discretion grant, the applicant shall furnish a certified copy of the application for or registration in the country of origin of the applicant, together with a translation thereof into English, if not in the English language; (b) The application conforms as nearly as practicable to the requirements of this Act, but use in commerce need not be alleged: (c) The rights acquired by third parties before the date of the filing of the first application in the foreign country shall in no way be affected by a registration obtained [for] an application filed under this paragraph; and. his book Trade-Mark Law and Practice, pp. The court held that for the "purposes of identification" the doctrine applies, but refused to allow it in the transfer of real property. No. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. As held by the Court in the same decision[,] 'The most successful form of copying is to employ enough points of similarity to confuse the public with enough points of difference to confuse the courts.' Name changes can mislead searchers of official records of titles or liens. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow [8]. By reason of the special knowledge and expertise of said administrative agencies over matters falling under their jurisdiction, they are in a better position to pass judgment thereon; thus, their findings of fact in that regard are generally accorded great respect, if not finality, by the courts. Petitioner now questions the validity of these ballots for the first time on appeal before this Court. 13, Section 149, supra). Consequently, the decision rendered by the Director of Patents dated September 3, 1990 is hereby AFFIRMED.". Registration [i]n the supplemental register is not constructive notice of registrant's claim of ownership. 1 Cromp. Respondent claims that the Court of Appeals committed error in not counting these four ballots in his favor under the rule of idem sonans. Judgment was entered for defendants and plaintiff appealed. On this ballot, the voter wrote the name "Juan C. Bajo" on the last line for councilors. Bengzon, C.J., Padilla, Labrador, Concepcion, Barrera, Paredes and Dizon, JJ., concur. Section 121 of Republic Act No. 154514. When he later sold his real property to defendant realty purchaser, a title search failed to disclose the abstract of judgment, such that the judgment lien was not identified and the proceeds were not used to satisfy the judgment. 10 "Sec. St. Rep. 191. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. Clearly, however, these dates are indicated in the Certificates of Registration. T-139) containing only the nickname of petitioner is not a valid vote for him. This Court has consistently held that where there is no evidence that the name of a person or persons, not candidates, were written on the ballot for purposes of identification, said name or names shall be counted as stray vote but shall not invalidate the whole ballot in accordance with the express provision of paragraph 13, section 149, of the Revised Election Code. G.R. A supplemental register is provided for the registration because of some defects (conversely, defects which make a mark unregistrable on the principal register, yet do not bar them from the supplemental register.)' On Exhibit C-59, while the capital letter "M" was clearly written on the line for mayor the word following it is also illegible. After an examination of the ballot, we agree with the conclusion reached by the Court of Appeals because this ballot clearly appears to have been filed by two distinct persons (Par. Respondent objected to this ballot as marked with the name "Jose de la Cruz" written on the 5th line for senators. Citizens or residents of the Philippines shall have the same benefits as are granted by this section to persons described in the first paragraph hereof. The Court of Appeals also reasoned that the different spelling of the name "Lopez" on the 4th line for senators and that of "Lopez" on the 2nd line for councilors shows they were written by two different persons. In Latin it means "Sounding the same." This finding of fact made by the Court of Appeals based upon the evidence presented by the parties is no longer open for review by this Court (Hilao v. Bernados, supra). In other words, a mark placed on the ballot by a person other than the voter himself does not invalidate the ballot as marked. L-14252, February 28, 1959).1wph1.t. A foreign-based trademark owner, whose country of domicile is a party to an international convention relating to protection of trademarks,17 is accorded protection against infringement or any unfair competition as provided in Section 37 of Republic Act 166, the Trademark Law which was the law in force at the time this case was instituted. [7] New Hampshire Supreme Court in 1994 took a stance on this doctrine and said "We concur with the court in Orr that "the simple alternative is to require [attachment creditors] simply to spell the names of their debtors properly."" Learn a new word every day. It appears that no evidence was presented to show that writing of the name Julia Valdelion was used as a means to identify this ballot. WHEREFORE, the Petition is hereby DENIED and the assailed Resolution AFFIRMED. No.148420), Sasot v. People (Case Digest. The arguments of petitioner are incorrect. An application for registration of a mark or trade-name under the provisions of this Act filed by a person described in the first paragraph of this section who has previously duly filed an application for registration of the same mark or trade-name in one of the countries described in said paragraph shall be accorded the same force and effect as would be accorded to the same application if filed in the Philippines on the same date on which the application was first filed in such foreign country: Provided, That -. Copyright 2023, Thomson Reuters. 2. L-41480. The old judgment of R v Davis[2] provides: The modern case of Re Vidiofusion Ltd[3] establishes a four-stage test when a name of a company is spelled differently in writing: Remnants of this common law doctrine exist today in the United States in the Uniform Commercial Code. These six (6) ballots were declared valid for respondent Cazeas by the lower court and this ruling had not been assigned as error by petitioner in this appeal to the Court of Appeals. This ballot contains the name of a non-candidate, Julia Valdelion, written on the second line for senators. The rule on idem sonans is also a test to resolve the confusing similarity of trademarks. When the husband died, plaintiff was substituted in his place. 4 CA Decision, pp. 171.Two names are said to be "idem sonantes" if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and . The Bureau of Patents, however, did not rely on the idem sonans test alone in arriving at its conclusion. 4-6; rollo, pp. The rule of idem sonans is that absolute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pronounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced,the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. . Respondent is domiciled in the United States and is the registered owner of the "Gold Toe" trademark. 189755. No. The Law of Unfair Competition and Trademarks, 4th ed., vol. Not satisfied with the result of the election, Cazeas filed an election protest before the Court of First Instance of Antique contesting the results in seven (7) precincts of Dao, to which Tajanlangit filed his answer and counter-protest impugning the result in five (5) precincts, two of which were later withdrawn by him during the trial. As already discussed, respondent registered its trademarks under the principal register, which means that the requirement of prior use had already been fulfilled. The Court of Appeals further stated that the word "bajo" is impertinent and offensive because in Visayan dialect it means "bad smell.". L-36081. 103543). 47252. Aug 17, 2007 (557 Phil. Each case must be decided on its own merits". Ballots Exhibits T-6 and T-94. Ballot Exhibit C-77. We agree with the Court of Appeals that the vote on this ballot cannot be counted in favor of respondent. x x x.". Exhibit T-6 was, therefore, properly rejected as marked ballot. [w]e find [respondent's] motion for reconsideration meritorious. (Agbayani, II Commercial Laws of the Philippines, 1978, p. 514, citing Uy Hong Mo v. Titay & Co., et al., Dec. No. 20. WHEREFORE, the decision of the Court of Appeals is hereby modified in the sense that petitioner and respondent should draw lots to solve the tie as provided for in said section, without pronouncement as to costs. Bengzon, Villegas and Zarraga for petitioner. A trademark infringement is an unauthorized use or reproduction of a trademark that creates the likelihood of confusion in the mind of a consumer regarding the source of goods or services. 678-679) IDEM SONANS For purposes of illustration, the following "SKOAL" and "SKOL", . The difference in sound occurs only in the final letter at the end of the marks.
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