Consequently, the claimed dates of respondent's first use of the marks are presumed valid. Huhner v. Iteickhoff, 103 Iowa, 308, 72N. 15 See Asia Brewery, Inc. v. Court of Appeals, 224 SCRA 437, July 5, 1993; Converse Rubber Corporation v. Universal Rubber Products, Inc., 147 SCRA 154, January 8, 1987. We shall now take up the ballots included in the counter-assignment of errors submitted by respondent. Apr 18, 1941 (71 Phil. A written judgment obtained by the husband of plaintiff administratrix misspelled the name of defendant judgment debtor. 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). L-14829, May 29, 1959), the validity of these ballots can no longer be questioned before this Court after the ruling of the lower court was not included in petitioner's appeal to the Court of Appeals. 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. 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. 3d 86, 547 N.E.2d 373 (1988) Rule: The arbitrary orthography and pronunciation given to proper names, and the variant spelling resulting from ignorance have led the courts to formulate the doctrine of "idem sonans," which means "sounding the same." Petitioner claims that the Court of Appeals erred in applying the Paris Convention. Ballot Exhibit T-4. See also Bulilan v. Commission on Audit, 300 SCRA 445, December 22, 1998; Government Service Insurance System v. Court of Appeals, 296 SCRA 514, September 25, 1998; Prime Marine Services, Inc. v. National Labor Relations Commission, 297 SCRA 394, October 8, 1998. & M. 800; 3 Chit Gen. Pr. 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. 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. 386), Compulsory sterilization of the intellectually weak. W. 540, 04 Am. Exhibit T-6 was, therefore, properly rejected as marked ballot. 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. By Vicente B. Amador]. 4-6; rollo, pp. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. - Persons who are nationals of, domiciled in, or have a bona fide or effective business or commercial establishment in any foreign country, which is a party to any international convention or treaty relating to marks or trade-names, or the repression of unfair competition to which the Philippines may be a party, shall be entitled to the benefits and subject to the provisions of this Act to the extent and under the conditions essential to give effect to any such convention and treaties so long as the Philippines shall continue to be a party thereto, except as provided in the following paragraphs of this section. 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. Same Names "Yougn" and "Young" Held Idem Sonans. 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 One moose, two moose. A glance at petitioner's mark shows that it definitely has a lot of similarities and in fact looks like a combination of the trademark and devices that respondent has already registered; namely, "Gold Toe," the representation of a sock with a magnifying glass, the "Gold Toe" representation and "linenized.". In the second place, an identification mark on a ballot cannot be presumed (Jaucian v. Gallos, 55 O.G., 10394). 8 Petitioner's Memorandum, pp. Two tests - Supreme Court case law on determining trademark 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.". Similarity of Trademarks. Rules for the appreciation of ballots. Trademarks on emaze No. Indeed, Section 20 of Republic Act 166 provides as follows: "Sec. 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. G.R. No. 139300 - Lawphil 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 . G.R. No. 180073 - Lawphil Grannis v. Ordean, 234 U.S. 385 (1914) - Justia Law The Tax Court & its expanded jurisdiction, 30 days of continuous absence without official leave, Section 8.1 of R.A. No. The Law of Unfair Competition and Trademarks, 4th ed., vol. . No. No. 82), G.R. In Emerald Garment Manufacturing Corporation v. Court of Appeals,14 this Court stated that in determining whether trademarks are confusingly similar, jurisprudence has developed two kinds of tests, the Dominancy Test15 and the Holistic Test.16 In its words: "In determining whether colorable imitation exists, jurisprudence has developed two kinds of tests the Dominancy Test applied in Asia Brewery, Inc. v. Court of Appeals and other cases and the Holistic Test developed in Del Monte Corporation v. Court of Appeals and its proponent cases. Neither may it be the subject of interference proceedings. Idem sonans Definition & Meaning | Merriam-Webster Legal No. T-139) containing only the nickname of petitioner is not a valid vote for him. G.R. 13465 dated January 25, 1968; c) DEVICE, consisting of a 'plurality of gold colored lines arranged in parallel relation within a triangular area of toe of the stocking and spread from each other by lines of contrasting color of the major part of the stocking' under Certificate of Registration 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. 764), Free exercise of religion = basis of tax exemption, G. R. No. Petitioner claims that the Court of Appeals erred in rejecting this ballot invoking the provision of paragraph 13, section 149 of the Revised Election Code, which provides that any vote in favor of a person who has not filed a certificate of candidacy shall be void and counted as a stray vote but shall not invalidate the whole ballot. Is compulsory sterilization of criminals legal? It avers that since the words gold and toe are generic, respondent has no right to their exclusive use. Ballot Exhibit C-86. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. 20-22. In the United States, a mark must be widely recognized by the general consuming public to be considered famous. The fascinating story behind many people's favori Test your vocabulary with our 10-question quiz! 172), G.R. When the marks, products or services are similar, it is difficult to establish the "likelihood of confusion". (1) Nonetheless, over the years, the Supreme Court has fashioned two tests (ie, the dominancy and holistic tests) to determine whether a mark . 35--39, and 57 Am.Jur.2d, Names, Sec. This ballot should be discounted from petitioner. They are so prominent that even from a distance the ballots are easily identified. Learn a new word every day. It is a well settled rule in election contests that the marks which shall be considered sufficient to invalidate the ballot are those which the voter himself deliberately replaced on his ballot for the purpose of identifying it thereafter (Valenzuela v. Carlos and Lopez de Jesus, 42 Phil., 428). Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. No. Petitioner contends that the word or nickname "Batring" which is not the nickname of candidate Dimas Postillo is a distinguishing mark sufficient to invalidate this ballot. This ballot should therefore be rejected. 2 Rollo, pp. To allow the petitioner to contest the validity of these ballots now would be unfair not only to the respondent but also the Court of Appeals, both of whom were deprived, the former, of an opportunity to present proof to destroy petitioner's claim, and the latter, to pass judgment upon the same (Quintia v. Bautista, 49 O.G., 2339). Accessed 1 May. Ballot Exhibit C-27. 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. A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. Search for a definition or browse our legal glossaries. St. Rep. 191. Apr. Republic of the PhilippinesSUPREME COURTManila, G.R. Balmaceda, G.R. What violates the right to speedy disposition of c SC fines MTC judge 2K for violating family busines SC: Acquit drug suspect if friends released w/o ex RA 6552 protects innocent, low-income real estate 4 reasons to distinguish TAX from LICENSE FEE, G.R. On the other hand, respondent Cazeas counter-assigned errors involving 19 ballots.1wph1.t. In the European Union, a mark must be well-known, with courts determining just how well-known. 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." For the same reason, hardly is there any variance in their appearance. G.R. No. L-18894 - lawphil.net vs. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. 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. Firms. In Stresser v. Ress, 165 Neb. What is the Dominancy Test in Assessing Trademarks? Petitioner now questions the validity of these ballots for the first time on appeal before this Court. 141), Service incentive leave; conversion to cash, G.R. The object of the Convention is to accord a national of a member nation extensive protection against infringement and other types of unfair competition. (Puma Sportschuhfabriken Rudolf Dassler K.G. Thus, the Court has held: "x x x. We believe, however that the Lloren case was an exception to the general rule that in isolated ballots where a nickname only is written, without being accompanied by the name or surname of the candidate, should not be given effect in accordance with paragraph 9, Section 149, in connection with Section 34 of the Revised Election Code, which expressly provides that "certificates of candidacy shall not contain nickname of candidates." 4 CA Decision, pp. Petitioner cannot therefore ignore the fact that, when compared, most of the features of its trademark are strikingly similar to those of respondent. No. These ballots were objected to by respondent as marked ballots, the alleged distinguishing mark consisting of the word "olo" written on the right hand margin of each ballot. No. 171.Two names are said to be idem sonantes if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and long-continued usage has by corruption or abbreviation made them identical in pronunciation. The similarities, however, are of such degree, number and quality that the overall impression given is that the two brands of socks are deceptively the same, or at least very similar to each another. Petitioner Amigo Manufacturing Inc. challenges, under Rule 45 of the Rules of Court, the January 14, 1999 Resolution1 of the Court of Appeals (CA) in CA-GR SP No. 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. Ballot Exhibit T-25. Whether or not the Court of Appeals erred in affirming the findings of the Director of Patents that petitioner's trademark [was] confusingly similar to respondent's trademarks. Idem Sonans and Dominancy&Holistic Test | PDF | Trademark - Scribd 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. Thus, even assuming that respondent started using it only on May 15, 1962, we can make no finding that petitioner had started using it ahead of respondent. The court ruled that idem sonans did not apply to impart constructive notice of the judgment lien because the proper spelling of defendant judgment debtor's name was a material matter to give record notice. Thus, in a later case, citing the case of Abrea v. Lloren, supra, it held that "As a general rule, isolated rotes in favor of a candidate designated by his nickname only, that is, not accompanied by his name or surname, are invalid (paragraph 9, Section 149 of the Revised Election Code (Campaner v. Alano, 46 O.G., 5029, December 16, 1948). 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. Ship company PRESUMED negligent for lost, damaged Tan v. Bausch (Case Digest. L-7704, December 14, 1954). Ballots Exhibits T-83, T-84 and T-89. As its title implies, the test of dominancy focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception and thus constitutes infringement. 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. . L-36081. The Doctrine of Dilution of Trademarks - iPleaders 143143 2 Comments 125 Shares Share The abstract of judgment that was recorded also misspelled his name. Ballot Exhibit T-78. 6 This case was deemed submitted for resolution on April 17, 2000, upon receipt by this Court of respondent's Memorandum, signed by Attys. 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. 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. 13, Section 149, supra). Admittedly, the pronunciations of the two do not, by themselves, create confusion. idem sonans (I-dem soh-nanz), adj. 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 111359. S. A. v. Director of Patents/ this Court unequivocally said that What is IDEM SONANS? Definition of IDEM SONANS (Black's Law Dictionary) 188, 23 S. W. 878. Petitioner also seeks the reversal of the June 30, 1999 CA Resolution3 denying its own Motion for Reconsideration. This ballot should, therefore, be counted in favor of petitioner who was voted thereon for the office of the mayor. A "trademark" is defined under R.A. 166, the Trademark Law, as including "any word, name, symbol, emblem, sign or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured, sold or dealt in by others." Explain - Under the principle of idem sonans, two names are said to be similar only "if the attentive ear finds difficulty in distinguishing them when pronounced." It is not so in the case at hand [Trademark under the Intellectual Property Code", '99 ed. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. The findings of fact of an administrative agency must be respected as long as they are supported by substantial evidence, even if such evidence might not be overwhelming or even preponderant. No. No. Thus, a trademark serves to distinguish the goods or services of a company from others. The husband then sought a declaratory judgment that defendants judgment debtor, realty purchaser, and lenders had constructive notice of the judgment lien under the doctrine of idem sonans because, when pronounced, the misspellings all sounded like the correct name. Rodolfo Gilbang, Rustico Casia, M. Yadao, Fabian Rufina, Neptali Bulilan and Pausi Sapak. 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. By virtue of the Philippines' membership to the Paris Union, trademark rights in favor of the [respondent] were created. Clearly, however, these dates are indicated in the Certificates of Registration. 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. Idem sonans (doctrine) - PROJECT JURISPRUDENCE Manuel L. Cazeas and Ernesto Tajanlangit were among the registered candidates for the office of mayor of the municipality of Dao, province of Antique, in the general elections held on November 10, 1959, After the canvass of votes, the municipal board of canvassers certified that Tajanlangit received a total of 1,570 votes and Cazeas a total of 1,567 votes. Should the filer use a debtor name that is substantially different from the debtor's actual name, the purpose of filing the financing statement is defeated. In any case, absent any clear showing to the contrary, this Court accepts the finding of the Bureau of Patents that it was respondent which had prior use of its trademark, as shown in the various Certificates of Registration issued in its favor. In La Chemise Lacoste v. Fernandez,11 the Court held that registration with the supplemental register gives no presumption of ownership of the trademark. 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. IDEM SONANS Definition & Meaning - Black's Law Dictionary Mar 6, 2013 (705 Phil. L-41480. Published under license with Merriam-Webster, Incorporated.

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