14 251 SCRA 600, 615-616, December 29, 1995, per Kapunan, J. G.R. - can be one word, a group of words, sign, symbol, logo, or a combination of any of these. All of them are designed to make sure that other people can't take . For When 'Lowdown Crook' Isn't Specific Enough. L-7704 [1954]; De Alban vs. Ferrer, G.R. Mar 6, 2013 (705 Phil. 6 This case was deemed submitted for resolution on April 17, 2000, upon receipt by this Court of respondent's Memorandum, signed by Attys. 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. 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. 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. 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. One moose, two moose. Published under license with Merriam-Webster, Incorporated. 692). Apr 30, 1957 (101 Phil. . - In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection. 5. 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. Section 5-A of Republic Act No. 1 Cromp. 450), G.R. Idem sonans. Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/idem%20sonans. 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). Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. - 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. . Firms. The Court of Appeals ruled that said name is only a stray vote and does not invalidate the whole ballot. In the United States, a mark must be widely recognized by the general consuming public to be considered famous. 8799; investment contracts. No. L-12083, promulgated July 31, 1957). G.R. 14 Asia Brewery v. CA (Case Digest. Lastly, the names of the brands are similar -- "Gold Top" and "Gold Toe." 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. Law School Case Brief; Nat'l Packaging Corp. v. Belmont - 47 Ohio App. To save this word, you'll need to log in. 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. Feb 27, 2017 (806 Phil. Certificate of registration prima facie evidence of validity. No. 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. 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. Section 5-A of Republic Act No. 154514. No.148420), Sasot v. People (Case Digest. Hence, it is entitled to the protection of the Convention. 1 Rollo, pp. We agree with the ruling of the Court of Appeals that the vote contained on this ballot cannot be counted in favor of the respondent. [Petitioner]'s mark is a combination of the different registered marks owned by [respondent]. 82), G.R. 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. The court held that for the "purposes of identification" the doctrine applies, but refused to allow it in the transfer of real property. G.R. 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. . No. 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. Consequently, the decision rendered by the Director of Patents dated September 3, 1990 is hereby AFFIRMED.". Following our ruling in the case of Salalima v. Sabater (G.R. 171.Two names are said to be "idem sonantes" if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and . 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. 139300 March 14, 2001. G.R. Indeed, Section 20 of Republic Act 166 provides as follows: "Sec. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. When he later sold his real property to defendant realty purchaser, a title search failed to disclose the abstract of judgment, such that the judgment lien was not identified and the proceeds were not used to satisfy the judgment. 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. T-139) containing only the nickname of petitioner is not a valid vote for him. This ballot should be discounted from petitioner. 3 The trial judge acknowledged the doctrine's existence, but he concluded it was inapplicable and announced his intended decision to deny Orr's request for declaratory relief. St. Rep. 783. 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. Both show [a] representation of a man's foot wearing a sock. 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'. With these changes, petitioner received a total of 1,565 valid votes. Ballot Exhibit C-60. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. These ballots were, therefore, correctly admitted. It was, therefore, properly rejected. The Law of Unfair Competition and Trademarks, 4th ed., vol. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. The FindLaw Legal Dictionary -- free access to over 8260 One ballot (Exh. 2-3; rollo, pp. 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. 579]. Neither may it be the subject of interference proceedings. No. Idem sonans applied only to issues of identity and would not relieve a judgment creditor of the obligation to file a proper abstract. 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). Names Test in Determining if Names Are "Idem Sonans". Use this button to switch between dark and light mode. 13 Decision of the Bureau of Patents, p. 3; rollo, p. 85. Section 121 of Republic Act No. The Court of Appeals further stated that the word "bajo" is impertinent and offensive because in Visayan dialect it means "bad smell.". d) LINENIZED, under Certificate of Registration No. Shangri-La International v. CA (Case Digest. In determining if names are "idem sonans", the test is whether, though names are spelled differently, the attentive ear finds difficulty in distinguishing the names when pronounced. 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. L-18894 June 30, 1962. Therefore, absolute accuracy in spelling names is not required in legal proceedings, and if the pronunciations are practically alike, the rule of idem sonans is applicable. 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. 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. 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. Under UK jurisdiction, there has been little judicial activity in this area. 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. Respondent is domiciled in the United States and is the registered owner of the "Gold Toe" trademark. Petitioner also seeks the reversal of the June 30, 1999 CA Resolution3 denying its own Motion for Reconsideration. Apr 30, 1976 (162 Phil. What is theidem sonans rule in trademark? 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. L-14252, February 28, 1959). Jun 16, 1965 (121 Phil. [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. resultant marks when pronounced are idem sonans or phonetically similar. Section 4(d) of R.A. No. Such similar-sounding words are called a homonym, while simil. The rule on idem sonans is also a test to resolve the confusing similarity of trademarks. 12 Villaflor v. CA, 280 SCRA 297, 329-330, October 9, 1997, per Panganiban, J. ", The Lawphil Project - Arellano Law Foundation. No. July 4, 2012 (690 Phil. Section 5-A of Republic Act No. 2, pp. - 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. L-21574. L-7704, December 14, 1954). 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. 408), Charitable institution even if receiving payment, G.R. 1. L-19201. Melo, Vitug, Gonzaga-Reyes, and Sandoval-Gutierrez JJ., concur. 623), G.R. Ballot Exhibit T-144. No. Ballot Exhibit T-144. No. Exhibit T-6 was, therefore, properly rejected as marked ballot. S. A. v. Director of Patents/ this Court unequivocally said that Requirements of the application. On the other hand, respondent Cazeas counter-assigned errors involving 19 ballots.1wph1.t. W. 540, 04 Am. 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. 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. Jan 28, 1998 (349 Phil. Search, Browse Law 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. First Issue: No. Ballot Exhibits C-6, C-49, C-61, C-65, C-75 and C-76. Respondent contends that, applying the same ruling, ballots Exhibits T-129, T-130 and T-131 should also be declared null and void. 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.)' (Puma Sportschuhfabriken Rudolf Dassler K.G. L-39086, June 15, 1988 (245 Phil. 6797 dated September 22, 1958; b) DEVICE, representation of a sock and magnifying glass on the toe of a sock, under Certificate of Registration No. 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. This ballot should be counted a favor of petitioner who was voted thereon for the office of mayor. In support of his contention, he cites the recent case of Tabiana v. Abordo (Case No. Jun 27, 2012 (689 Phil. v. Intermediate Appellate Court, 158 SCRA 233; La Chemise Lacoste, S.A. v. Fernandez, 129 SCRA 373)"5. This will give him a total of 1,565 valid votes. It contends that the claim of respondent that it had been using the "Gold Toe" trademark at an earlier date was not substantiated. 8 Petitioner's Memorandum, pp. G.R. 276-277. L-7704, December 14, 1954). 17-22; written by Justice Demetrio G. Demetria, with the concurrence of Justices Ramon A. Barcelona and Renato C. Dacudao. 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. We shall first rule upon the ballots disputed by petitioner. Name changes can mislead searchers of official records of titles or liens. "Finally, the Philippines and the United States are parties to the Union Convention for the Protection of Industrial Property adopted in Paris on March 20, 1883, otherwise known as the Paris Convention. ERNESTO TAJANLANGIT, petitioner, In sum, petitioner has failed to show any reversible error on the part of the Court of Appeals. The fact that CEEGEEFER is idem sonans for CHERIFER is enough to violate respondent's right to protect its trademark, CHERIFER. In addition, these representations are at the same location, either in the sock itself or on the label. 4255). 254 of Director of Patents, Apr. T-6) and "Ledesma" (Exh. On Exhibit C-59, while the capital letter "M" was clearly written on the line for mayor the word following it is also illegible. Source: Merriam-Webster's Dictionary of Law 1996. "[1] Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema.[1]. Ballots Exhibits T-119, T-120 and T-121. 149, Rule 18, R.E.C.) (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. 2 argued the defendants had constructive notice of the abstract of judgment through application of the doctrine of idem sonans. Stay up-to-date with how the law affects your life. No. Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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 -. 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). (Agbayani, II Commercial Laws of the Philippines, 1978, p. 514, citing Uy Hong Mo v. Titay & Co., et al., Dec. No. 119190; January 16, 1997), Retired top judge: 12 tips to pass the Bar exam, Did not finish the exam but she topped the bar. Delivered to your inbox! 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. We also find that one (1) ballot (Exh. The old judgment of R v Davis[2] provides: The modern case of Re Vidiofusion Ltd[3] establishes a four-stage test when a name of a company is spelled differently in writing: Remnants of this common law doctrine exist today in the United States in the Uniform Commercial Code. 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. Petitioner's Memorandum, signed by Atty. Accordingly, said board proclaimed Tajanlangit elected by a plurality of three (3) votes. Definition of IDEM SONANS: Sounding the same or alike; having the same sound. Rights of foreign registrants. 8293, otherwise known as the Intellectual Property Code of the Philippines ("IP Code"), defines a trademark as any visible sign capable of distinguishing the goods or services of an enterprise. . x x x.". This ballot was invalidated by the Court of Appeals as a marked ballot because the names Bernardino Dabandan, Alfredo Fernandez and Delfin Saymo, who were not candidates for any office and the last named person a registered voter in the precinct where the ballot was cast, were written on the ballot. Learn a new word every day. Ballot Exhibit T-139. 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. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. The arguments of petitioner are incorrect. "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'. No. Balmaceda, G.R. No. 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. In the Patent Office, this case was heard by no less than six Hearing Officers: Attys. Merriam-Webster, Incorporated. 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. 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. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. The US recognizes three official ways to protect intellectual property rights: 1) trademarks 2) patents and 3) copyrights. Similarity of Trademarks. Therefore, the present ballot (Exh. Judgment was entered for defendants and plaintiff appealed. 13887 dated May 9, 1968; and. By Vicente B. Amador]. 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. 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. The abstract of judgment that was recorded also misspelled his name. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. 188, 23 S. W. 878. This page is not available in other languages. 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 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." We, therefore, uphold the ruling of the Court of Appeals admitting these three ballots for petitioner. 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. 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 also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. Prohibition against taxation of non-stock, non-pro G.R. At the June 1985 trial, Orr fn. Idem sonans is a Latin term meaning sounding the same or similar; having the same sound. Respondent claims that the Court of Appeals committed error in not counting these four ballots in his favor under the rule of idem sonans. Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema.
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