A mark with a different spelling but is similar in sound with a registered mark when read, may be ruled as being confusingly-similar with the said registered mark or senior mark. No.148420), Sasot v. People (Case Digest. In sum, petitioner has failed to show any reversible error on the part of the Court of Appeals. On the other hand, respondent Cazeas counter-assigned errors involving 19 ballots.1wph1.t. In other words, a mark placed on the ballot by a person other than the voter himself does not invalidate the ballot as marked. Ship company PRESUMED negligent for lost, damaged Tan v. Bausch (Case Digest. Accessed 1 May. Accordingly, said board proclaimed Tajanlangit elected by a plurality of three (3) votes. 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. 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. 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. 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.". 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. 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. 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. 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. (Puma Sportschuhfabriken Rudolf Dassler K.G. 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. 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. This ballot contains the word "ietin" or "ilting" on the line for mayor. 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). (Gutierrez v. Aquino, G.R. The Lawphil Project - Arellano Law Foundation. Respondent is domiciled in the United States and is the registered owner of the "Gold Toe" 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. Petitioner Tajanlangit interposed the present petition for review claiming that the Court of Appeals committed errors in its ruling over 16 ballots. . Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. 8799; investment contracts. 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. Section 5-A of Republic Act No. We do not agree. 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. 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. 144104, June 29, 2004 (477 Phil. 37. (h) Consists exclusively of signs that are generic for the goods or services that they seek to identify; (i) Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64829, Ordinary slam dunk with feet curled up together, Strapback cap with hook & loop fastener in reverse, Cannot be discerned/hidden in the baseball cap, "Healthy & Mighty" referring to the effect of taking the product, "Height is Might" also referring to the effect of taking the product. G.R. No. 180073 - Lawphil [C. Neilman Brewing Co. v. Independent Brewing Co., 191 F., 489, 495, citing Eagle White Lead Co., vs. Pflugh (CC) 180 Fed. 858, 87 N.W.2d 619 (1958), it was noted that: L-18894             June 30, 1962. (5 POINTS)Idem Sonans is a legal doctrine that presumes a person's identification even if his or her nameis misspelledand also it is a test that helps to resolve the confusing similarity oftrademarks. Here such intention does not appear (Hilao v. Bernados, G.R. (Agbayani, II Commercial Laws of the Philippines, 1978, p. 514, citing Uy Hong Mo v. Titay & Co., et al., Dec. No. Jun 27, 2012 (689 Phil. & M. 800; 3 Chit Gen. Pr. The abstract of judgment that was recorded also misspelled his name. With these changes, petitioner received a total of 1,565 valid votes. 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. What is theidem sonans rule in trademark? 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. Respondent contends that said court committed error in invalidating this ballot invoking the provision on paragraph 13, section 149 of the Revised Election Code. No. IDEM SONANS - Sovereign Connection Dictionary CLUETT PEABODY CO., INC., respondent. 692). 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. In connection with the three ballots referred to above, respondent makes mention of ballot Exhibit C-1, which was declared null and void under the provision of paragraph 14, section 149 of the Revised Election Code, for containing a printed sticker of candidate Angel V. Sanchez pasted on the line for vice-governor. Thus, the overall impression created is that the two products are deceptively and confusingly similar to each other. 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). W. 540, 04 Am. Both also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. . 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. Co Tlonq. 8 . 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. Get full access FREE With a 7-Day free trial membership Here's why 628,000 law students have relied on our key terms: A complete online legal dictionary of law terms and legal definitions; Over 7,100 key terms written in plain English to help you not only understand the law but master it; The premier online law dictionary built specifically for law students . 20-22. 2-3; rollo, pp. 111359. Name This will give him a total of 1,565 valid votes. No. Petitioner presents no explanation why it chose those representations, considering that these were the exact symbols used in respondent's marks. 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. Names 14, pp. Pearl & Dean v. Shoemart (Case Digest. In view of the circumstances mentioned above obtaining in the case of Abrea v. Lloren, supra, we believe that the doctrine laid down therein regarding nickname is inapplicable to the instant case. Petitioner points out that the director of patents erred in its application of the idem sonans rule, claiming that the two trademarks "Gold Toe" and "Gold Top" do not sound alike and are pronounced differently. 428), Jurisprudence on gender-free or homosexual rape, Cario v. Insular Government, 212 U.S. 449 (1909), G.R. Ballots Exhibits T-83, T-84 and T-89. 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 One moose, two moose. . 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. L-14252, February 28, 1959).1wph1.t. In support of his contention, he cites the recent case of Tabiana v. Abordo (Case No. This page is not available in other languages. 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.)' L-12083, promulgated July 31, 1957). 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. Sapolin Co., Inc.v. 2, pp. 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. In Stresser v. Ress, 165 Neb. The Supreme Court held: As to the syllabication and sound of the two trade-names "Sapolin" and . The following authority supports this view: Protestee objects to these ballots as marked for the reason that certain name or names of candidates were written in printed form or writing, while the rest of the names were written in ordinary script. The object of the Convention is to accord a national of a member nation extensive protection against infringement and other types of unfair competition. Each case must be decided on its own merits". "Let the records of this case be remanded to the Patent/Trademark Registry and EDP Division for appropriate action in accordance with this Decision.". In the Patent Office, this case was heard by no less than six Hearing Officers: Attys. 2 argued the defendants had constructive notice of the abstract of judgment through application of the doctrine of idem sonans. (d) Nothing in this paragraph shall entitle the owner of a registration granted under this section to sue for acts committed prior to the date on which his mark or trade-name was registered in this country unless the registration is based on use in commerce. 547). Clearly, they were ahead of petitioner's claimed date of first use of "Gold Top and Device" in 1958. [8]. Costs against petitioner. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. PATENT-TRADEMARK-COPYRIGHT - ESSAY.docx - 1. What are en.wikipedia.org/wiki/Idem_sonans), SC: Employee with attitude problem may be fired, Theft, qualified theft; definition; difference; proper penalty, Grounds for change of first name, nickname. 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. f CONCEPTS Meanwhile, the scope of a copyright is confined Editha R. Hechanova and Daphne Ruby B. Grasparil. 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. (Hilao v. Bernados, G.R. Your Free Online Legal Dictionary Featuring Blacks Law Dictionary, 2nd Ed. 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. - 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. 15440 dated April 13, 1970. L-19201. It was, therefore, properly rejected. 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. 13, Section 149, Revised Election Code). 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. [Latin] (Of words or names) sounding the same, regardless of spelling <the names Gene and Jean are idem sonans>. Furthermore, petitioner registered its trademark only with the supplemental register. "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'. 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. 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. A trademark is any distinctive word, name, symbol, emblem, sign, or device, or any combination thereof, adopted and used by a manufacturer or merchant on his goods to identify and distinguish them from those manufactured, sold, or dealt by others. Mar 18, 2002 (429 Phil. On this ballot, the voter wrote the name "Juan C. Bajo" on the last line for councilors. Names Test in Determining if Names Are "Idem Sonans". 1411), G.R. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. [w]e find [respondent's] motion for reconsideration meritorious. G.R. No. 227797 - FERDINAND V. SEVILLA, PETITIONER, VS. COMMISSION ON 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. There is no evidence that this ballot was cast by Julia Valdelion or that she wrote or signed her name thereon. Whether or not the Court of Appeals erred in applying the Paris Convention in holding that respondent ha[d] an exclusive right to the trademark 'gold toe' without taking into consideration the absence of actual use in the Philippines."8. This ballot should, therefore, be counted in favor of petitioner who was voted thereon for the office of the mayor. Republic of the PhilippinesSUPREME COURTManila, G.R. 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. vs. On appeal, the Court of Appeals rendered a decision on July 31, 1961, declaring Cazeas elected by a plurality of one (1) vote over petitioner Tajanlangit. Ballot Exhibit T-139. 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. For the purposes of this section, the country of origin of the applicant is the country in which he has bona fide and effective industrial or commercial establishment, or if he has not such an establishment in the country in which he is domiciled, or if he has not a domicile in any of the countries described in the first paragraph of this section, the country of which he is a national. 2023. We shall now take up the ballots included in the counter-assignment of errors submitted by respondent. 125678. 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. We shall first rule upon the ballots disputed by petitioner. Moreover, the validity of the Certificates of Registration was not questioned. G.R. 160054), No-spouse, no-marriage employment policies. The Court of Appeals rejected this ballot as marked affirming the conclusion made the lower court that the writing of the name "Juan C. Bajo" a disparagement of senatorial candidate Juan C. Pajo because "the voter probably meant the term "bajo" in a figurative sense to express his opinion of Mr. Martin v. State, No. 50921 - Case Law - VLEX 895106201 The latter's witnesses supposedly contradicted themselves as to the date of first actual use of their trademark, coming up with different dates such as 1952, 1947 and 1938. This ballot should be counted a favor of petitioner who was voted thereon for the office of mayor. Aug 15, 1995 (317 Phil. PDF Intellectual Property Phil Ippines 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. No. On the other hand, petitioner failed to present proof of the date of alleged first use of the trademark "Gold Top and Device". 35--39, and 57 Am.Jur.2d, Names, Sec. 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. 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-39086, June 15, 1988 (245 Phil. Idem Sonans and Dominancy&Holistic Test | PDF | Trademark - Scribd 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. MILLER v. STATE :: 1952 :: Oklahoma Court of Criminal - Justia Law 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. [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."" It contends that the claim of respondent that it had been using the "Gold Toe" trademark at an earlier date was not substantiated. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. Trademarks on emaze When letters make sounds that aren't associated w One goose, two geese. Respondent claims that the Court Appeals committed error in declaring a mere nickname as a valid vote for petitioner. Fornier and Pefianco for 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. No. 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. The Decision of the Director of Patents, referred to by the CA, disposed as follows: "WHEREFORE, the Petition is GRANTED. Moreover, it must also be considered that petitioner and respondent are engaged in the same line of business. IDEM SONANS Definition & Legal Meaning Definition & Citations: Sounding the same or alike; having the same sound. 386), Compulsory sterilization of the intellectually weak. 623), G.R. To save this word, you'll need to log in. However, reversal will be required if the evidence shows that the names are patently incapable of being sounded the same. Jul 28, 2005 (502 Phil. Idem sonans - Wikipedia Section 4(d) of R.A. No. 764), Free exercise of religion = basis of tax exemption, G. R. No. No. No. Grannis v. Ordean, 234 U.S. 385 (1914) - Justia Law Under UK jurisdiction, there has been little judicial activity in this area. Tests To Determine Confusing Similarity Between Marks: Trademarks In Latin it means "sounding the same." [1] This we consider to be error because such Gothic lettering can be considered used in writing names on diplomas, certificates of merit, or other documents evidencing meritorious award, but not in ordinary documents. keys to navigate, use enter to select. PDF Intellectua Property Office of He Philippines July 4, 2012 (690 Phil. What is a Trademark (and Why Do I Need One)? - Accion Opportunity Fund The difference in sound occurs only in the final letter at the end of the marks. 579]. Respondent claims that the Court of Appeals committed error in not counting these four ballots in his favor under the rule of idem sonans. 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. Petitioner's Memorandum, signed by Atty. In addition, both products use the same type of lettering. 1 Cromp. 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 the absence of evidence aliunde that the aforementioned names of non-candidates were intended for purposes of identification, the same shall be considered a stray votes which shall not invalidate the whole ballot (Par. Aug 17, 2007 (557 Phil. Bengzon, Villegas and Zarraga for petitioner. 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. We agree with the Court of Appeals that the vote on this ballot cannot be counted in favor of respondent. No. Apr 30, 1976 (162 Phil. At the June 1985 trial, Orr fn. When the husband died, plaintiff was substituted in his place. In Grant v. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Source: Merriam-Webster's Dictionary of Law 1996. 13 Decision of the Bureau of Patents, p. 3; rollo, p. 85. 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.". It is not subject to opposition, although it may be cancelled after its issuance. 143193), Rights under the Intellectual Property Code, Constitutional policies re intellectual creation. Idem sonans (doctrine) - PROJECT JURISPRUDENCE S. A. v. Director of Patents/ this Court unequivocally said that Sounding the same or alike; having the same sound. 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 . This Court must exercise an independent judgment as to whether the process sanctioned by the court of last resort of the state constituted due process of law; it is not bound by, nor can it merely accept, the decision of the state court on that question. Citizens or residents of the Philippines shall have the same benefits as are granted by this section to persons described in the first paragraph hereof. 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. G.R. Is compulsory sterilization of criminals legal? 9 This provision is substantially reproduced in Section 138 of RA 8293, otherwise known as "Intellectual Property Code of the Philippines.". It ruled that the ballots are valid for petitioner. (Idem sonans From Wikipedia, the free encyclopedia. An infringement of intellectual rights is no less vicious and condemnable as theft of material property, whether personal or real. Name changes can mislead searchers of official records of titles or liens. Clearly, petitioner violated the applicable trademark provisions during that time. 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. 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).
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