G.R. 10 "Sec. Balmaceda, G.R. These three (3) ballots contain printed stickers of senatorial candidate Jesus Cuenco pasted on the spaces for senators. Admittedly, the pronunciations of the two do not, by themselves, create confusion. Republic of the PhilippinesSUPREME COURTManila, 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. 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." (a) The application in the Philippines is filed within six months from the date on which the applica[tion] was first filed in the foreign country; and within three months from the date of filing or within such time as the Director shall in his discretion grant, the applicant shall furnish a certified copy of the application for or registration in the country of origin of the applicant, together with a translation thereof into English, if not in the English language; (b) The application conforms as nearly as practicable to the requirements of this Act, but use in commerce need not be alleged: (c) The rights acquired by third parties before the date of the filing of the first application in the foreign country shall in no way be affected by a registration obtained [for] an application filed under this paragraph; and. Pajo." There is no evidence that this ballot was cast by Julia Valdelion or that she wrote or signed her name thereon. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. No. No. 2 Rollo, pp. Huhner v. Iteickhoff, 103 Iowa, 308, 72N. L-19201. Ballots Exhibits T-129, T-130 and T-131. Petitioner presents no explanation why it chose those representations, considering that these were the exact symbols used in respondent's marks. Ballot Exhibit C-86. 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. 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). 477), BATAS: Mga kasambahay, dapat bigyan ng 13th month pay, G.R. With a liberal application of the rule of idem sonans, we agree with the ruling of the Court of Appeals that the vote is valid for the petitioner. 1. Admittedly, there are some minor differences between the two sets of marks. (Puma Sportschuhfabriken Rudolf Dassler K.G. (Gutierrez v. Aquino, G.R. Thus, the Court has held: "x x x. Ballot Exhibit T-4. 103543). 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. "Rights Sec. ", 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. From these provisions it may be inferred that the use of nickname only as a vote is not allowed or permitted otherwise the vote would be invalid. This ballot was rejected by the Court of Appeals as an illegal ballot for having been prepared by two persons, affirming the conclusion made by the lower court that the names appearing on the 4th line for senators and on the lines for governor and vice-governor were written by one person while the other names appearing therein were written by another. 30, 1968.". To save this word, you'll need to log in. 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. For the same reason, hardly is there any variance in their appearance. C-77) was improperly rejected and should be counted in favor of respondent. 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. 1 Cromp. 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." Since the petitioner's actual use of its trademark was ahead of the respondent, whether or not the Court of Appeals erred in canceling the registration of petitioner's trademark instead of canceling the trademark of the respondent. 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. 450), G.R. Ballot Exhibit T-144. 'GOLD TOP' blatantly incorporates petitioner's 'LINENIZED' which by itself is a registered mark."13. 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. Post the Definition of idem sonans to Facebook, Share the Definition of idem sonans on Twitter. 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. Definition of IDEM SONANS: Sounding the same or alike; having the same sound. To emphasize, Section 5-A of Republic Act 166 requires the date of first use to be specified in the application for registration. Ship company PRESUMED negligent for lost, damaged Tan v. Bausch (Case Digest. 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. 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. Sapolin Co., Inc.v. This is the doctrine enunciated in the case of Tabiana v. Abordo, supra, which we believe is applicable to the ballot in question. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. 692). Name changes can mislead searchers of official records of titles or liens. Moreover, it must also be considered that petitioner and respondent are engaged in the same line of business. First Issue: MANUEL L. CAZEAS, respondent. Lastly, the names of the brands are similar -- "Gold Top" and "Gold Toe." Stay up-to-date with how the law affects your life. 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. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. 1 Cromp. Rule: The doctrine of idem sonans is that though a person's name has been inaccurately written, the identity of such person will be presumed from the similarity of sounds between the correct pronunciation and the pronunciation as written. Petitioner now questions the validity of these ballots for the first time on appeal before this Court. 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. x x x . Let it be remembered that duly registered trademarks are protected by law as intellectual properties and cannot be appropriated by others without violating the due process clause. In Grant v. 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. Mar 6, 2013 (705 Phil. 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. The Court of Appeals further stated that the word "bajo" is impertinent and offensive because in Visayan dialect it means "bad smell.". In the European Union, a mark must be well-known, with courts determining just how well-known. 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. For When 'Lowdown Crook' Isn't Specific Enough. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. Melo, Vitug, Gonzaga-Reyes, and Sandoval-Gutierrez JJ., concur. 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. 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. Editha R. Hechanova and Daphne Ruby B. Grasparil. 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. Thus, a trademark serves to distinguish the goods or services of a company from others. ), On the other side of the spectrum, the holistic test mandates that the entirety of the marks in question must be considered in determining confusing similarity. 5 Assailed Resolution, pp. 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. 16610 states that an applicant for a trademark or trade name shall, among others, state the date of first use. It contends that the claim of respondent that it had been using the "Gold Toe" trademark at an earlier date was not substantiated. Reyes, J.B.L., J., took no part. This ballot contains the name "Dimas Portillo Batring" written on the last line for councilors. When letters make sounds that aren't associated w One goose, two geese. Jul 28, 2005 (502 Phil. 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. 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. We do not agree. 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. Pearl & Dean v. Shoemart (Case Digest. No.148420), Sasot v. People (Case Digest. 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. These four (4) ballots were rejected by the Court of Appeals on the ground that the words appearing on the line for Mayor on the first two ballots are, "totally undecipherable" and on the last two ballots, the words written an said line do not sufficiently identify the respondent. 23, Section 149, Revised Election Code). Patents apply to inventions and innovations, while copyrights apply to creative works. Idem sonans is a Latin term meaning sounding the same or similar; having the same sound. An infringement of intellectual rights is no less vicious and condemnable as theft of material property, whether personal or real. A written judgment obtained by the husband of plaintiff administratrix misspelled the name of defendant judgment debtor. 13, Section 149, supra). As held in Del Monte Corporation v. Court of Appeals, 181 SCRA 410 (1990), the question is not whether the two articles are distinguishable by their label when set aside but whether the general confusion made by the article upon the eye of the casual purchaser who is unsuspicious and off his guard, is such as to likely result in confounding it with the original. 547). 171.Two names are said to be "idem sonantes" if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. L-36081. Published under license with Merriam-Webster, Incorporated. No. In the main, the Court will resolve three issues: (1) the date of actual use of the two trademarks; (2) their confusing similarities, and (3) the applicability of the Paris Convention. By virtue of the Philippines' membership to the Paris Union, trademark rights in favor of the [respondent] were created. Petitioner cannot therefore ignore the fact that, when compared, most of the features of its trademark are strikingly similar to those of respondent. Use this button to switch between dark and light mode. It is sometimes applied in the context of a UCC financing statement if there is a minor difference in spelling. 169211. Under UK jurisdiction, there has been little judicial activity in this area. Section 4(d) of R.A. No. Section 121 of Republic Act No. See 65 C.J.S. 189755. 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. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. Ballots Exhibits T-48, T-50, T-91 and T-107. In the second place, an identification mark on a ballot cannot be presumed (Jaucian v. Gallos, 55 O.G., 10394). 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. 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. 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. 419-421 . Is compulsory sterilization of criminals legal? 13, Section 149, Revised Election Code). 12 Villaflor v. CA, 280 SCRA 297, 329-330, October 9, 1997, per Panganiban, J. But the doctrine of idem sonans has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the opposite party to his prejudice. 143193), Rights under the Intellectual Property Code, Constitutional policies re intellectual creation. Jan 28, 1998 (349 Phil. 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. 4 CA Decision, pp. Section 5-A of Republic Act No. (Idem sonans From Wikipedia, the free encyclopedia. Ballot Exhibit C-60. S. A. v. Director of Patents/ this Court unequivocally said that 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. 4-5; rollo, pp. A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. 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. Such similar-sounding words are called a homonym, while simil. 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. 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. Petitioner's assignment of error on these ballots cannot, therefore, be entertained. 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. Accordingly, said board proclaimed Tajanlangit elected by a plurality of three (3) votes. 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. ERNESTO TAJANLANGIT, petitioner, As to the actual date of first use by respondent of the four marks it registered, the seeming confusion may have stemmed from the fact that the marks have different dates of first use. 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. 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. This ballot should, therefore, be counted in favor of petitioner who was voted thereon for the office of the mayor. No. 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. This ballot is totally null and void. No. Consequently, Certificate of Registration No. No. Justice demands we videotape all police interrogat G. R. No. . 154514. G.R. [Petitioner]'s mark is a combination of the different registered marks owned by [respondent]. 111, September 27, 1961), where the House Electoral Tribunal held that a nickname alone without being accompanied with the name or surname of the candidate is an invalid vote. Rodolfo Gilbang, Rustico Casia, M. Yadao, Fabian Rufina, Neptali Bulilan and Pausi Sapak. 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. In the Patent Office, this case was heard by no less than six Hearing Officers: Attys. No. The registration of a mark under the provisions of this section shall be independent of the registration in the country of origin and the duration, validity or transfer in the Philippines of such registration shall be governed by the provisions of this Act. Thus, the word may he read as "Tafangit". . Defects in the Information = jurisdictional infirmity, Wife wants annulment because of lazy gamer husband, G.R. 111359. Respondent contends that, applying the same ruling, ballots Exhibits T-129, T-130 and T-131 should also be declared null and void. 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.
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