idem sonans rule trademark

Bengzon, C.J., Padilla, Labrador, Concepcion, Barrera, Paredes and Dizon, JJ., concur. The same is true with the case of Perez v. Bemida, supra, which was based on the Lloren case doctrine. It is sometimes applied in the context of a UCC financing statement if there is a minor difference in spelling. The fascinating story behind many people's favori Test your vocabulary with our 10-question quiz! L-21574. This will give him a total of 1,565 valid votes. Copyright 2023, Thomson Reuters. This ballot was admitted by the Court of Appeals as valid for petitioner under the rule of idem sonans. Petitioner's assignment of error on these ballots cannot, therefore, be entertained. Respondent claims that the Court Appeals committed error in declaring a mere nickname as a valid vote for petitioner. Since the result of this protest is a tie, it is necessary that lots be drawn between the two candidates as provide for in Section 170 of the Revised Election Code. 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. Ballot Exhibit T-11. In the absence of evidence that the name Jose de la Cruz was used as a means to identify the ballot, or that the ballot was cast by him where he wrote or signed his name thereon, we agree with the ruling of the Court of Appeals admitting this ballot under the provision of paragraph 13, section 149, of the Revised Election Code. 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). (Gutierrez v. Aquino, G.R. Hence, its Petition must fail. 12-13. vs. 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. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. 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. 33)."4. The Decision of the Director of Patents, referred to by the CA, disposed as follows: "WHEREFORE, the Petition is GRANTED. In support of his contention, he cites the recent case of Tabiana v. Abordo (Case No. Ballots Exhibits T-83, T-84 and T-89. Learn a new word every day. The Court of Appeals further stated that the word "bajo" is impertinent and offensive because in Visayan dialect it means "bad smell.". Section 5-A of Republic Act No. 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 Idem sonans is a Latin term meaning sounding the same or similar; having the same sound. [Petitioner]'s mark is a combination of the different registered marks owned by [respondent]. On Exhibits C-58 rind C-85, the words "Cadia" and "Cuans" appearing on the line for mayor, respectively, do not sufficiently identify the candidate for whom the vote was intended. 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). No. 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 L-14252, February 28, 1959).1wph1.t. It was, therefore, properly rejected. MANUEL L. CAZEAS, respondent. 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. Thus, the Court has held: "x x x. Sapolin Co., Inc.v. 14 Asia Brewery v. CA (Case Digest. We agree with the Court of Appeals that the vote on this ballot cannot be counted in favor of respondent. Accessed 1 May. Bengzon, Villegas and Zarraga for petitioner. 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. 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). No. L-8495, April 27, 1955) to support its conclusion. 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.)' [4] A creditor may gain priority over other creditors in the event of a bankruptcy by filing a financing statement. 678-679) IDEM SONANS For purposes of illustration, the following "SKOAL" and "SKOL", . All of them are designed to make sure that other people can't take . As that word appears written, it cannot be reasonably inferred that the intention of the voter was to mark the ballot. 6 This case was deemed submitted for resolution on April 17, 2000, upon receipt by this Court of respondent's Memorandum, signed by Attys. (Sec. With these changes, petitioner received a total of 1,565 valid votes. ", 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. The object of the Convention is to accord a national of a member nation extensive protection against infringement and other types of unfair competition. keys to navigate, use enter to select. Ship company PRESUMED negligent for lost, damaged Tan v. Bausch (Case Digest. 37. 16 See Del Monte Corporation v. Court of Appeals, 181 SCRA 410, January 25, 1990; Fruit of the Loom, Inc. v. Court of Appeals, 133 SCRA 405, November 29, 1984. 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. 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.". Ballot Exhibit C-86. In the absence of any showing that the initials "FS" or "ES" were that of the voter who cast this ballot or that said initials were placed thereon as an identification mark, this ballot was properly admitted for respondent (Gutierrez v. Aquino, G.R. Requirements of the application. Apr. No. 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. 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. 4 CA Decision, pp. 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. 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. These three (3) ballots contain printed stickers of senatorial candidate Jesus Cuenco pasted on the spaces for senators. Ballot Exhibit T-25. 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. In the Patent Office, this case was heard by no less than six Hearing Officers: Attys. . No. T-94) which were written in "big, printed, bold and shaded letters" on said ballots. 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. In justifying the admission of 602 ballots containing the nickname "Beloy," this Court took into consideration certain proven facts, to wit: (a) that in his certificate of candidacy candidate Lloren stated that he was known by the nickname Beloy; (b) that Lloren distributed sample ballots containing only his nickname Beloy on the line for Municipal Mayor (c) that the ballots containing only his nickname represent 60% of the total number of votes received by Lloren; and (d) that no objection was interposed by the against the evidence presented by Lloren he was properly and commonly known by the nickname Beloy; and no other candidate for mayor bears the same nickname. 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). St. Rep. 191. It ruled that the ballots are valid for petitioner. However, reversal will be required if the evidence shows that the names are patently incapable of being sounded the same. Rejecting this ballot as marked, the Court of Appeals stated that the writings of the name "Julia Valdelion" after crossing out the name "E. Cea" clearly indicates an intention to mark the ballot. 15440 dated April 13, 1970. No. We do not agree with the conclusion reached by the Court of Appeals. 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 US recognizes three official ways to protect intellectual property rights: 1) trademarks 2) patents and 3) copyrights. Pearl & Dean v. Shoemart (Case Digest. 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. Respondent contends that the word "Tafangu" written on the line for mayor does not fall under the idem sonans rule, and should be rejected and discounted from petitioner. To be material, a variance must be such as has misled the opposite party to his prejudice. 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. 17, pp. Section 5-A of Republic Act No. SR-2206 is a combination of the abovementioned trademarks registered separately by the petitioner in the Philippines and the United States. Respondent claims that the Court of Appeals committed error in not counting these four ballots in his favor under the rule of idem sonans. 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. 8 . 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. 858, 87 N.W.2d 619 (1958), it was noted that: 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. The legal effect of an idem sonans is that the minor name difference shall have no bearing on the priority of debtors. Samson v. Daway (Case Digest. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. 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. Admittedly, the pronunciations of the two do not, by themselves, create confusion. 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. Ballots Exhibits T-129, T-130 and T-131. 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. . This ballot should be discounted from 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. These three (3) ballots were rejected by the Court of Appeals as marked ballots on the strength of the evidence aliunde presented to the effect that the writing of the name "Guimson" on these three ballots pertaining to Precinct No. 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. 254 of Director of Patents, Apr. No. A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. 174473. 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. See 65 C.J.S. Leon Amdur, in his book "TradeMark Law and Practice", pp. 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. 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. 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. Ballots Exhibits T-6 and T-94. Upon the evidence aliunde presented by the parties, the Court of Appeals concluded "that the mark "olo" appearing on these ballots was placed thereon by some other person after they had been cast by their respective voters." Thus, a trademark serves to distinguish the goods or services of a company from others. No. These ballots were, therefore, correctly admitted. We also find that one (1) ballot (Exh. Feb 27, 2017 (806 Phil. Ballot Exhibit T-78. Merriam-Webster, Incorporated. 2-3; rollo, pp. T-6) and "Ledesma" (Exh. On the other hand, if there is a minor difference in spelling or an idem sonans, the error is not fatal, but only if it is not seriously misleading. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. Petitioner now questions the validity of these ballots for the first time on appeal before this Court. 579]. What is theidem sonans rule in trademark? L-36081. - 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. CLUETT PEABODY CO., INC., respondent. Jun 27, 2012 (689 Phil. [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."" Upon examination of the ballots in question, we agree with the conclusion made by the Court of Appeals that the writing of the aforesaid names "Acsay" and "Lotilla" in ballot Exhibit T-6 clearly appears to have been intended by the voter to serve as identification marks. L-7704, December 14, 1954). In addition, both products use the same type of lettering. 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. Arturo S. Santos, was received by the Court on February 24, 2000. [6], California is also showing movement from this common law doctrine in transfer of property. 169211. For the same reason, hardly is there any variance in their appearance. The Court of Appeals admitted this ballot for respondent concluding that the letters "ES", which are the correct initials of candidate Eulalio Secuban, do not constitute a distinguishing mark sufficient to invalidate the ballot. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. 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. 3. In its Memorandum,7 petitioner raises the following issues for the consideration of this Court: Whether or not the Court of Appeals overlooked that petitioner's trademark was used in commerce in the Philippines earlier than respondent's actual use of its trademarks, hence the Court of Appeals erred in affirming the Decision of the Director of Patents dated September 3, 1990. 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." 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. 623), G.R. 428), Jurisprudence on gender-free or homosexual rape, Cario v. Insular Government, 212 U.S. 449 (1909), G.R. 'GOLD TOE' and 'GOLD TOP' are printed in identical lettering. 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. Any person designated in the first paragraph of this section as entitled to the benefits and subject to the provisions of this Act shall be entitled to effective protection against unfair competition, and the remedies provided herein for infringement of marks and trade-names shall be available so far as they may be appropriate in repressing acts of unfair competition. https://en.wikipedia.org/w/index.php?title=Idem_sonans&oldid=1147469360, Misspelling does not substantially change the placement of the name if placed in an, This page was last edited on 31 March 2023, at 04:48. No. Admittedly, there are some minor differences between the two sets of marks. In Latin it means "sounding the same." [1] 1 Rollo, pp. 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. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. 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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