idem sonans rule trademark
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. Your Free Online Legal Dictionary Featuring Blacks Law Dictionary, 2nd Ed. Ballot Exhibit T-144. Search for a definition or browse our legal glossaries. In its assailed Resolution, the CA held as follows: "After a careful consideration of [respondent's] arguments and a re-appreciation of the records of this case. Respondent is domiciled in the United States and is the registered owner of the "Gold Toe" trademark. Escobar v. State, Tex.Cr.App., 578 S.W.2d 139. Hence, it is entitled to the protection of the Convention. 24, 1989 (254 Phil. 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 applied only to issues of identity and would not relieve a judgment creditor of the obligation to file a proper abstract. In addition, both products use the same type of lettering. G.R. Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema. In general, trademarks apply to logos, symbols, and branding. Does the doctrine ofidem sonansoperate to provide constructive notice of the existence of a judgment lien when the judgment debtors name is incorrectly spelled in the recordation document? The court held that for the "purposes of identification" the doctrine applies, but refused to allow it in the transfer of real property. 6 This case was deemed submitted for resolution on April 17, 2000, upon receipt by this Court of respondent's Memorandum, signed by Attys. In Latin it means "sounding the same." [1] T-4, T-11 and T-94) were improperly rejected and should be counted in favor of petitioner. L-19201. Law School Case Brief; Nat'l Packaging Corp. v. Belmont - 47 Ohio App. No. 547). Neither did petitioner present any evidence to indicate that they were fraudulently issued. No registration of a mark or trade-name in the Philippines by a person described in the preceding paragraph of this section shall be granted until such mark or trade-name has been registered in the country of origin of the applicant, unless the applicant alleges use in commerce. Consequently, the claimed dates of respondent's first use of the marks are presumed valid. Co Tlonq. Lastly, the names of the brands are similar -- "Gold Top" and "Gold Toe." 172), G.R. Pearl & Dean v. Shoemart (Case Digest. No. S. A. v. Director of Patents/ this Court unequivocally said that ", Under Section 124.2 of RA 8293, the applicant is now required to "file a declaration of actual use of the mark with evidence to that effect, as prescribed by the Regulations within three (3) years from the filing date of the application. "Let the records of this case be remanded to the Patent/Trademark Registry and EDP Division for appropriate action in accordance with this Decision.". The Bureau of Patents, however, did not rely on the idem sonans test alone in arriving at its conclusion. & M. 800; 3 Chit Gen. Pr. 111359. . Prohibition against taxation of non-stock, non-pro G.R. Dates of First Use of Trademark and Devices. 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 rule is inapplicable, however, under circumstances where the written name is material. Registration [i]n the supplemental register is not constructive notice of registrant's claim of ownership. The Idem Sonans Rule is particularly provided for under Section 211 (7) of the Omnibus Election Code, viz: Section 211. WHEREFORE, the Petition is hereby DENIED and the assailed Resolution AFFIRMED. There is no showing that this ballot was cast by registered voter Delfin Saymo or that he wrote or signed his name thereon, which would have been sufficient to invalidate the same (Ferrer v. De Alba, 54 O.G. As that word appears written, it cannot be reasonably inferred that the intention of the voter was to mark the ballot. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. 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. Source: Merriam-Webster's Dictionary of Law 1996. Clearly, however, these dates are indicated in the Certificates of Registration. 408), Charitable institution even if receiving payment, G.R. Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. In Latin it means "Sounding the same." 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. 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. One moose, two moose. 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. As shown by the records, and as correctly held by the Director of Patents, there is hardly any variance in the appearance of the marks 'GOLD TOP' and 'GOLD TOE' since both show a representation of a man's foot wearing a sock, and the marks are printed in identical lettering. 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. This finding of fact is no longer open for review by this Court; hence, the ruling of the Court of Appeals admitting these three ballots in favor of petitioner should be upheld (Hilao v. Bernados, supra). 20-22. This is a petition for review of a decision of the Court of Appeals declaring respondent Manuel L. Cazeas duly elected Mayor of Dao, Antique, with a total of 1,564 vote as against a total of 1,563 votes received by petitioner Ernesto Tajanlangit, or a plurality of one (1) vote. In . - J. Brion, G.R. Balmaceda, G.R. In the main, the Court will resolve three issues: (1) the date of actual use of the two trademarks; (2) their confusing similarities, and (3) the applicability of the Paris Convention. Consequently, Certificate of Registration No. - 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. WHAT IS THE IDEM SONANS RULE IN TRADEMARK? 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. On the other hand, respondent Cazeas counter-assigned errors involving 19 ballots.1wph1.t. In Latin it means "sounding the same. 858, 87 N.W.2d 619 (1958), it was noted that: 386), Compulsory sterilization of the intellectually weak. Although respondent registered its trademark ahead, petitioner argues that the actual use of the said mark is necessary in order to be entitled to the protection of the rights acquired through registration. 11-15; written by Justice Emeterio C. Cui, with the concurrence of Justices Ramon A. Barcelona and Demetrio G. Demetria. T-139) containing only the nickname of petitioner is not a valid vote for him. The Court of Appeals declared this ballot to be valid vote for Bernados saying that such Gothic lettering merely shows the desire of the voter to attain greater clearness and emphasis on his favorite candidate. For example, although the names Eliot, Elliot and Elliott are idem sonans, if the failure to use the correct name misleads and prejudices a party, the court will refuse to extend the doctrine. This ballot should be discounted from petitioner. Jan 28, 1998 (349 Phil. 33)."4. 1074), ABOUT US - PROJECT JURISPRUDENCE PHILIPPINES, PRIVACY POLICY - www.projectjurisprudence.com, Wife's vag too small so husband wants annulment, Failed the bar twice; now, she's a lawyer, Chi Ming Tsoi v. CA (G.R. 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). This ballot is totally null and void. In support of his contention, he cites the recent case of Tabiana v. Abordo (Case No. Based on the evidence presented, this Court concurs in the findings of the Bureau of Patents that respondent had actually used the trademark and the devices in question prior to petitioner's use of its own. 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. Samson v. Daway (Case Digest. 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. 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. But the doctrine of idem sonans has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the opposite party to his prejudice. Ballot Exhibit T-4. Petitioner claims that it started the actual use of the trademark "Gold Top and Device" in September 1956, while respondent began using the trademark "Gold Toe" only on May 15, 1962. Ballot Exhibit T-139. Mar 6, 2013 (705 Phil. Ballots Exhibits T-48, T-50, T-91 and T-107. v. Intermediate Appellate Court, 158 SCRA 233; La Chemise Lacoste, S.A. v. Fernandez, 129 SCRA 373)"5. 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. Jun 30, 1966 (123 Phil. 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. Name changes can mislead searchers of official records of titles or liens. No. Petitioner's Memorandum, signed by Atty. 5 Assailed Resolution, pp. By Vicente B. Amador]. It contends that the claim of respondent that it had been using the "Gold Toe" trademark at an earlier date was not substantiated. The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in an infringement case. Both show [a] representation of a man's foot wearing a sock. No. 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. 4255). The Decision of the Director of Patents, referred to by the CA, disposed as follows: "WHEREFORE, the Petition is GRANTED. L-45502, 2 May 1939 . [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."" L-41480. 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. 121004. Apr 30, 1976 (162 Phil. Accessed 1 May. 47252. 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). Fornier and Pefianco for respondent. 111, September 27, 1961), where the House Electoral Tribunal held that a nickname alone without being accompanied with the name or surname of the candidate is an invalid vote. It avers that since the words gold and toe are generic, respondent has no right to their exclusive use. A term applied to names which are substantially the same, though slightly varied in the spelling, asLawrence and Lawronce, and the like. 189755. We do not agree. In the Patent Office, this case was heard by no less than six Hearing Officers: Attys. Ballots Exhibits T-83, T-84 and T-89. x x x.". L-36081. Both also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. 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. 144104, June 29, 2004 (477 Phil. This ballot should be counted a favor of petitioner who was voted thereon for the office of mayor. L-14252, February 28, 1959).1wph1.t. For When 'Lowdown Crook' Isn't Specific Enough. The Supreme Court has consistently held that trademarks with idem sonans or similarities of sounds are sufficient ground to constitute confusing similarity in trademarks." Furthermore, this office also notes that the two products subject of the competing trademarks, are closely related goods.
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