However, reversal will be required if the evidence shows that the names are patently incapable of being sounded the same. 11-15; written by Justice Emeterio C. Cui, with the concurrence of Justices Ramon A. Barcelona and Demetrio G. Demetria. AMIGO MANUFACTURING, INC., petitioner, Consequently, the claimed dates of respondent's first use of the marks are presumed valid. This ballot was rejected by the Court of Appeals as an illegal ballot for having been prepared by two persons, affirming the conclusion made by the lower court that the names appearing on the 4th line for senators and on the lines for governor and vice-governor were written by one person while the other names appearing therein were written by another. 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. We agree with the ruling of the Court of Appeals that the vote contained on this ballot cannot be counted in favor of the respondent. Names Test in Determining if Names Are "Idem Sonans". idem sonans adj [Latin, sounding the same] : relating to or being two names having the same or similar pronunciation or sound [the two names are not idem sonans " Johnson v. Idem sonans - PressReader L-12083, promulgated July 31, 1957). 2 argued the defendants had constructive notice of the abstract of judgment through application of the doctrine of idem sonans. x x x.". 1 Cromp. Ballot Exhibit T-4. (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. Stay up-to-date with how the law affects your life. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. Your Free Online Legal Dictionary Featuring Blacks Law Dictionary, 2nd Ed. This ballot is totally null and void. Respondent's contention is untenable because in this particular ballot, Exhibit C-1, no evidence was presented to prove that the printed sticker was pasted on the ballot by some other person after the voter had delivered the same to the election inspectors. Clearly, they were ahead of petitioner's claimed date of first use of "Gold Top and Device" in 1958. Accordingly, said board proclaimed Tajanlangit elected by a plurality of three (3) votes. ", The Lawphil Project - Arellano Law Foundation. No. Petitioner's Memorandum, signed by Atty. An examination of the products in question shows that their dominant features are gold checkered lines against a predominantly black background and a representation of a sock with a magnifying glass. To save this word, you'll need to log in. Thus, the overall impression created is that the two products are deceptively and confusingly similar to each other. In resume, we find that three (3) ballots (Exhs. No. Mar 6, 2013 (705 Phil. 83), Bar exam flops = failure of law profs? The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. No. No. Ballots Exhibits C-11, C-58, C-59, and C-85. Melo, Vitug, Gonzaga-Reyes, and Sandoval-Gutierrez JJ., concur. 764), Free exercise of religion = basis of tax exemption, G. R. No. There is no evidence that this ballot was cast by Julia Valdelion or that she wrote or signed her name thereon. Following our ruling in the case of Salalima v. Sabater (G.R. This fact is shown in the following portion of its Decision: "As shown by the drawings and labels on file, the mark registered by Respondent-Registrant under Registration No. 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. This article contains general legal information but does not constitute professional legal advice for your particular situation. 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. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. T-139) containing only the nickname of petitioner is not a valid vote for him. The Tax Court & its expanded jurisdiction, 30 days of continuous absence without official leave, Section 8.1 of R.A. No. 30, 1968.". CLUETT PEABODY CO., INC., respondent. In paragraph 9 of said section, it is also provided that the use of nicknames, if accompanied by the name or surname of the candidate, does not annul such vote, except when such nicknames are used as a means to identify the voters. True, it would not be guilty of infringement on the basis alone of the similarity in the sound of petitioner's "Gold Top" with that of respondent's "Gold Toe." Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. On Exhibit C-11, except for the letters, "Ma", the rest of the letters composing the word appearing on the line for mayor are illegible. The abstract of judgment that was recorded also misspelled his name. The Lawphil Project - Arellano Law Foundation. 1 Rollo, pp. 1 Cromp. L-36081. 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 2 Rollo, pp. No. In Latin it means "sounding the same. Post the Definition of idem sonans to Facebook, Share the Definition of idem sonans on Twitter. No. This Court can no longer disturb this conclusion of the Court of Appeals which was based upon the evidence on record (Hilao v. Bernados, supra). The Bureau considered the drawings and the labels, the appearance of the labels, the lettering, and the representation of a man's foot wearing a sock. Rule: The doctrine of idem sonans is that though a person's name has been inaccurately written, the identity of such person will be presumed from the similarity of sounds between the correct pronunciation and the pronunciation as written. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. We believe that this ruling is incorrect. G.R. We agree with the conclusion reached by the Court of Appeal that this ballot is null and void for having been filled by two distinct persons (Par. 189999. In addition, these representations are at the same location, either in the sock itself or on the label. 143193), Rights under the Intellectual Property Code, Constitutional policies re intellectual creation. 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). Thus, the Court has held: "x x x. 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. 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. 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. [Latin] (Of words or names) sounding the same, regardless of spelling <the names Gene and Jean are idem sonans>. By virtue of the Philippines' membership to the Paris Union, trademark rights in favor of the [respondent] were created. The following authority in which the candidate's name was written in big Gothic letters is in point: In this ballot all the names of the candidates voted for were written in ordinary writing with the exception of the name of "Teodulo Bernados" which was written in big Gothic letters with a flower drawn underneath in the space for mayor. The registration of the above marks in favor of respondent constitutes prima facie evidence, which petitioner failed to overturn satisfactorily, of respondent's ownership of those marks, the dates of appropriation and the validity of other pertinent facts stated therein. Bengzon, Villegas and Zarraga for petitioner. "With respect to the issue of confusing similarity between the marks of the petitioner and that of the respondent-registrant applying the tests of idem sonans, the mark 'GOLD TOP & DEVICE' is confusingly similar with the mark 'GOLD TOE'. Immediately below the sixth line for councilors after the name "Secuban" which was written on said line, there appears initials "FS" or "ES", which petitioner claims to be an identifying mark of this ballot. The names "Acsay" and "Lotilia" were written in extraordinarily big printed letters which can no longer be considered as a mere variation of writing allowed in the preparation of a ballot. The Doctrine of Dilution of Trademarks - iPleaders (Auburn Rubber Corporation vs. Hanover Rubber Co., 107 F. 2d 588; x x x. Article 9 of the UCC states that a financing statement shall not perfect a valid security interest if a name change would be "seriously misleading.". The facts, which are undisputed, are summarized by the Court of Appeals in its original Decision, as follows: "The source of the controversy that precipitated the filing by [herein Respondent] Cluett Peabody Co., Inc. (a New York corporation) of the present case against [herein Petitioner] Amigo Manufacturing Inc. (a Philippine corporation) for cancellation of trademark is [respondent's] claim of exclusive ownership (as successor in interest of Great American Knitting Mills, Inc.) of the following trademark and devices, as used on men's socks: a) GOLD TOE, under Certificate of Registration No. These four (4) ballots were admitted by the Court of Appeals overruling the objection interposed by respondent that the same were each prepared by two distinct persons. 1411), G.R. Therefore, the present ballot (Exh. Respondent objected to this ballot as marked with the name "Jose de la Cruz" written on the 5th line for senators. L-14252, February 28, 1959). "12, Second Issue: Trademarks on emaze Ballot Exhibit T-25. We have carefully examined the ballots in question and we agree with the conclusion reached by the Court of Appeals upholding the validity of these four ballots. In La Chemise Lacoste v. Fernandez,11 the Court held that registration with the supplemental register gives no presumption of ownership of the trademark. Justice demands we videotape all police interrogat G. R. No. As held in Del Monte Corporation v. Court of Appeals, 181 SCRA 410 (1990), the question is not whether the two articles are distinguishable by their label when set aside but whether the general confusion made by the article upon the eye of the casual purchaser who is unsuspicious and off his guard, is such as to likely result in confounding it with the original. L-8495, April 27, 1955) to support its conclusion. The actual search results may reveal a debtor with a similar name and address which would put the researcher on notice to investigate further, which is the purpose of the filing in the first place. It is a legal doctrine in which a person's identity is presumed known despite the misspelling of his or her name. The Court in Martin went on to state that this Court will refrain from disturbing on appeal a jury determination that the names in question were idem sonans. MANUEL L. CAZEAS, respondent. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. The Court of Appeals further stated that the word "bajo" is impertinent and offensive because in Visayan dialect it means "bad smell.". G.R. Samson v. Daway (Case Digest. In the second place, an identification mark on a ballot cannot be presumed (Jaucian v. Gallos, 55 O.G., 10394). Both also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. Pearl & Dean v. Shoemart (Case Digest. L-7704, December 14, 1954). 276-277. 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 -. 2-3; rollo, pp. Prohibition against taxation of non-stock, non-pro G.R. S. A. v. Director of Patents/ this Court unequivocally said that No. The objection is untenable because Rule 18, Section 149, of the Revised Election Code, provides that the use of two or more kinds of writing shall be considered innocent and shall not invalidate the ballots, unless it clearly appears that such kind of writing his been deliberately used by the voter to serve as identifying mark. 4-5; rollo, pp. It was, therefore, properly rejected. As already discussed, respondent registered its trademarks under the principal register, which means that the requirement of prior use had already been fulfilled. (Gutierrez v. Aquino, G.R. What is the Dominancy Test in Assessing Trademarks? It is not the task of an appellate court to weigh once more the evidence submitted before the administrative body and to substitute its own judgment for that of the administrative agency in respect of sufficiency of evidence.

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