Clearly, however, these dates are indicated in the Certificates of Registration. 'GOLD TOE' and 'GOLD TOP' are printed in identical lettering. 1. 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. L-45502, 2 May 1939 . This ballot contains the name "Dimas Portillo Batring" written on the last line for councilors. 1411), G.R. See 65 C.J.S. We, therefore, hold that this ballot is valid and should be counted in favor of respondent who was voted thereon for the office of mayor. No. To save this word, you'll need to log in. In the European Union, a mark must be well-known, with courts determining just how well-known. Furthermore, petitioner registered its trademark only with the supplemental register. Indeed, Section 20 of Republic Act 166 provides as follows: "Sec. The fact that the marks were indeed registered by respondent shows that it did use them on the date indicated in the Certificate of Registration. 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. - 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. No. The US recognizes three official ways to protect intellectual property rights: 1) trademarks 2) patents and 3) copyrights. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. This ballot should therefore be rejected. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. No. 2-3; rollo, pp. 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 L-41480. 1 Cromp. 83), Bar exam flops = failure of law profs? Ballot Exhibit T-11. It contends that the claim of respondent that it had been using the "Gold Toe" trademark at an earlier date was not substantiated. Martin v. State, No. 50921 - Case Law - VLEX 895106201 47252. With a liberal application of the rule of idem sonans, we agree with the ruling of the Court of Appeals that the vote is valid for the petitioner. The names "Yougn" and "Young" held to be idem sonans. Requirements of the application. definitions of legal terms. With these changes, petitioner received a total of 1,565 valid votes. 17, pp. Petitioner's assignment of error on these ballots cannot, therefore, be entertained. No. Respondent is domiciled in the United States and is the registered owner of the "Gold Toe" trademark. Petitioner now questions the validity of these ballots for the first time on appeal before this Court. 9 This provision is substantially reproduced in Section 138 of RA 8293, otherwise known as "Intellectual Property Code of the Philippines.". Ballots Exhibits T-83, T-84 and T-89. A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. Editha R. Hechanova and Daphne Ruby B. Grasparil. 635). Clearly, petitioner violated the applicable trademark provisions during that time. Ballots Exhibits C-11, C-58, C-59, and C-85. Rodolfo Gilbang, Rustico Casia, M. Yadao, Fabian Rufina, Neptali Bulilan and Pausi Sapak. 166 declares to be unregistrable, 'a mark which consists o[r] comprises a mark or trademark which so resembles a mark or tradename registered in the Philippines of tradename previously used in the Philippines by another and not abandoned, as to be likely, when applied to or used in connection with the goods, business or services of the applicant, to cause confusion or mistake or to deceive the purchasers. Verily, administrative agencies' findings of fact in matters falling under their jurisdiction are generally accorded great respect, if not finality. Pearl & Dean v. Shoemart (Case Digest. PATENT-TRADEMARK-COPYRIGHT - ESSAY.docx - 1. What are 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. Republic of the PhilippinesSUPREME COURTManila, G.R. Aug 17, 2007 (557 Phil. 419-421 . No. Ballot Exhibit T-144. Jun 16, 1965 (121 Phil. idem sonans (I-dem soh-nanz), adj. This ballot should be counted a favor of petitioner who was voted thereon for the office of mayor. 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 Upon examination of the ballot, we have noted that the names appearing on the 4th line for senators and on the lines for governor and vice-governor were written with different pencil. 35--39, and 57 Am.Jur.2d, Names, Sec. Public prosecutor's grave abuse discretion in find SC: Ancient document can be proof of ownership, SC cancels marriage due to blatantly insensitive wife, G.R. During the hearing at the Bureau of Patents, respondent presented Bureau registrations indicating the dates of first use in the Philippines of the trademark and the devices as follows: a) March 16, 1954, Gold Toe; b) February 1, 1952, the Representation of a Sock and a Magnifying Glass; c) January 30, 1932, the Gold Toe Representation; and d) February 28, 1952, "Linenized.". 82), G.R. Nat'l Packaging Corp. v. Belmont | Case Brief for Law School | LexisNexis 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. 12-13. Arturo S. Santos, was received by the Court on February 24, 2000. Sounding the same or alike; having the same sound. The decision pivots on two point: the application of the rule of idem sonans and the existence of a confusing similarity in appearance between two trademarks (Rollo, p. 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. Hence, its Petition must fail. [4] A creditor may gain priority over other creditors in the event of a bankruptcy by filing a financing statement. 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. L-39086, June 15, 1988 (245 Phil. (Auburn Rubber Corporation vs. Hanover Rubber Co., 107 F. 2d 588; x x x. Copyright 2023, Thomson Reuters. SR-2206 issued to Respondent-Registrant [herein petitioner] is hereby cancelled. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime . SR-2206 is a combination of the abovementioned trademarks registered separately by the petitioner in the Philippines and the United States. 30, 1968.". L-19201. No. 139300 March 14, 2001. In sum, petitioner has failed to show any reversible error on the part of the Court of Appeals. 111359. L-7704, December 14, 1954). Both also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. The uphill alignment, pen pressure, slant as well as sizes of the letters in said names are dissimilar with those of the other names written on the ballot. Shangri-La International v. CA (Case Digest. In addition, both products use the same type of lettering. 23, Section 149, Revised Election Code). In La Chemise Lacoste v. Fernandez,11 the Court held that registration with the supplemental register gives no presumption of ownership of the trademark. Such similar-sounding words are called a homonym, while simil. 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. In Latin it means "Sounding the same." It avers that since the words gold and toe are generic, respondent has no right to their exclusive use. Thus, the word may he read as "Tafangit". However, reversal will be required if the evidence shows that the names are patently incapable of being sounded the same. 6 This case was deemed submitted for resolution on April 17, 2000, upon receipt by this Court of respondent's Memorandum, signed by Attys. Idem sonans Legal Meaning & Law Definition: Free Law Dictionary Dates of First Use of Trademark and Devices. v. Intermediate Appellate Court, 158 SCRA 233; La Chemise Lacoste, S.A. v. Fernandez, 129 SCRA 373)"5. Therefore, the present ballot (Exh. Feb 27, 2017 (806 Phil. (Puma Sportschuhfabriken Rudolf Dassler K.G. 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." [w]e find [respondent's] motion for reconsideration meritorious. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. Section 5-A of Republic Act No. 2 Rollo, pp. fn. No. 10 "Sec. No. Learn a new word every day. Grannis v. Ordean, 234 U.S. 385 (1914) - Justia Law Since the petitioner's actual use of its trademark was ahead of the respondent, whether or not the Court of Appeals erred in canceling the registration of petitioner's trademark instead of canceling the trademark of the respondent. 285--286. The Court of Appeals admitted this ballot in favor of Ernesto Tajanlangit on the ground that the word is idem sonans with Esting, nickname of the petitioner, citing the cases of Abrea vs. Lloren (81 Phil., 809, October 28, 1948) and Perez v. Bimeda (G.R. State v. Griffie, 118 Mo. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The financing statement contains information relevant to the secured transaction and puts other creditors on notice that the filer has a secured interest in the property. 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. 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. This will give him a total of 1,565 valid votes. No. No. S. A. v. Director of Patents/ this Court unequivocally said that No. 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. 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. Accordingly, said board proclaimed Tajanlangit elected by a plurality of three (3) votes. PDF Intellectual Property Phil Ippines 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 -. No. Trademark Dilution (Intended for a Non-Legal Audience) [Respondent] is domiciled in the United States of America and is the lawful owner of several trademark registrations in the United States for the mark 'GOLD TOE'. 477), BATAS: Mga kasambahay, dapat bigyan ng 13th month pay, G.R. This ballot was declared invalid by the Court of Appeals as having been prepared by two persons upon the theory that the name "Cazeas" was written by a person other than the one that wrote the other names written thereon. The fact that the marks were indeed registered by respondent shows that it did use them on the date indicated in the Certificate of Registration. Name changes can mislead searchers of official records of titles or liens. 4-5; rollo, pp. MANUEL L. CAZEAS, respondent. This is the doctrine enunciated in the case of Tabiana v. Abordo, supra, which we believe is applicable to the ballot in question. [5] That means that a creditor filing a judgment lien or a title abstract company searching title to real property by a deed filed in an office of a county clerk must search by exact name, and can not rely on idem sonans. Ballots Exhibits T-129, T-130 and T-131. An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party. Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema. No. In Stresser v. Ress, 165 Neb. 22792, which reversed, on reconsideration, its own September 29, 1998 Decision.2 The dispositive portion of the assailed Resolution reads as follows: "WHEREFORE, the Motion for Reconsideration is GRANTED, and the Decision dated September 29, 1998 REVERSED. 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'. First Issue: We do not agree with the conclusion reached by the Court of Appeals. Petitioner Tajanlangit interposed the present petition for review claiming that the Court of Appeals committed errors in its ruling over 16 ballots. By Vicente B. Amador]. G.R. No. 205409 - CITIGROUP, INC., PETITIONER, VS. CITYSTATE SAVINGS 12 Villaflor v. CA, 280 SCRA 297, 329-330, October 9, 1997, per Panganiban, J. When letters make sounds that aren't associated w One goose, two geese. In other words, a mark placed on the ballot by a person other than the voter himself does not invalidate the ballot as marked. 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. 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. L-14252, February 28, 1959). G.R. 419-421, cites, as coming within the purview of the idem sonans rule, Yusea and U-C-A, Steinway Pianos and Steinberg Pianos, and Seven-Up and Lemon-Up.