Arturo S. Santos, was received by the Court on February 24, 2000. Respondent claims that the Court Appeals committed error in declaring a mere nickname as a valid vote for petitioner. 125678. Here such intention does not appear (Hilao v. Bernados, G.R. In Latin it means "Sounding the same." 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 objection is untenable because Rule 18, Section 149, of the Revised Election Code, provides that the use of two or more kinds of writing shall be considered innocent and shall not invalidate the ballots, unless it clearly appears that such kind of writing his been deliberately used by the voter to serve as identifying mark. 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. No. 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. The names "Yougn" and "Young" held to be idem sonans. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. Admittedly, there are some minor differences between the two sets of marks. 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. To emphasize, Section 5-A of Republic Act 166 requires the date of first use to be specified in the application for registration. Grannis v. Ordean, 234 U.S. 385 (1914) - Justia Law For When 'Lowdown Crook' Isn't Specific Enough. The Lawphil Project - Arellano Law Foundation. 144104, June 29, 2004 (477 Phil. We have examined the vote in question and found that although at first glance, the word written on the line for mayor may be read as "Tafangu" a careful examination of the last two strokes shows that they were intended for the letters "i" and "t" after considering the dot above the letter "i" and the failure of the writer to cross the letter "t" which has relatively a short stem. 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." 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. Petitioner cannot therefore ignore the fact that, when compared, most of the features of its trademark are strikingly similar to those of respondent. "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'. The Supreme Court held: As to the syllabication and sound of the two trade-names "Sapolin" and . Aug 15, 1995 (317 Phil. L-I9297, 22 December 1966 . T-94) which were written in "big, printed, bold and shaded letters" on said ballots. Furthermore, petitioner registered its trademark only with the supplemental register. Ballot Exhibit T-11. 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. 285--286. . 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. 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. We shall now take up the ballots included in the counter-assignment of errors submitted by respondent. The fact that the marks were indeed registered by respondent shows that it did use them on the date indicated in the Certificate of Registration. ERNESTO TAJANLANGIT, petitioner, . 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. By virtue of the Philippines' membership to the Paris Union, trademark rights in favor of the [respondent] were created. It was, therefore, properly rejected. 8 Petitioner's Memorandum, pp. "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. 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. 1 Cromp. Moreover, the validity of the Certificates of Registration was not questioned. 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. Section 4(d) of R.A. No. Ballots Exhibits C-11, C-58, C-59, and C-85. 139300 March 14, 2001. No. 9 This provision is substantially reproduced in Section 138 of RA 8293, otherwise known as "Intellectual Property Code of the Philippines.". State v. Griffie, 118 Mo. 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. Jul 28, 2005 (502 Phil. Name changes can mislead searchers of official records of titles or liens. 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. Justice demands we videotape all police interrogat G. R. No. Ballot Exhibits C-6, C-49, C-61, C-65, C-75 and C-76. This finding of fact is no longer open for review by this Court; hence, the ruling of the Court of Appeals admitting these three ballots in favor of petitioner should be upheld (Hilao v. Bernados, supra). 143193), Rights under the Intellectual Property Code, Constitutional policies re intellectual creation. 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. L-39086, June 15, 1988 (245 Phil. 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. The US recognizes three official ways to protect intellectual property rights: 1) trademarks 2) patents and 3) copyrights. Republic of the PhilippinesSUPREME COURTManila, G.R. 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. 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. 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. The Idem Sonans Rule is particularly provided for under Section 211 (7) of the Omnibus Election Code, viz: Section 211. Leon Amdur, in his book "TradeMark Law and Practice", pp. - 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. No. When the marks, products or services are similar, it is difficult to establish the "likelihood of confusion". 579]. No. Thus, applicable is the Union Convention for the Protection of Industrial Property adopted in Paris on March 20, 1883, otherwise known as the Paris Convention, of which the Philippines and the United States are members. It is a legal doctrine in which a person's identity is presumed known despite the misspelling of his or her name. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name, if the misspelled name sounds the same when pronounced. 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. Since the trademark was successfully registered, there exists a prima facie presumption of the correctness of the contents thereof, including the date of first use. 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. 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. In resume, we find that three (3) ballots (Exhs. Following our ruling in the case of Salalima v. Sabater (G.R. S. A. v. Director of Patents/ this Court unequivocally said that & M. 800; 3 Chit Gen. Pr. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. Idem sonans (doctrine) - PROJECT JURISPRUDENCE Jun 30, 1966 (123 Phil. 13, Section 149, Revised Election Code). 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. Ballot Exhibit T-78. (Auburn Rubber Corporation vs. Hanover Rubber Co., 107 F. 2d 588; x x x. G.R. Respondent contends that said court committed error in invalidating this ballot invoking the provision on paragraph 13, section 149 of the Revised Election Code. When the husband died, plaintiff was substituted in his place. 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. 7 . 1. No. 547). 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. 5 Assailed Resolution, pp. This ballot should be discounted from petitioner. C-77) was improperly rejected and should be counted in favor of respondent. ), 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. This ballot should, therefore, be counted in favor of petitioner who was voted thereon for the office of the mayor. 166 10 states that an applicant for a trademark or trade name shall, among others, state the date of first use. Jun 16, 1965 (121 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. 30, 1968.". 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. SR-2206 is a combination of the abovementioned trademarks registered separately by the petitioner in the Philippines and the United States. 321), The aggravating circumstances of nighttime, G.R. 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. In Stresser v. Ress, 165 Neb. 678-679) IDEM SONANS For purposes of illustration, the following "SKOAL" and "SKOL", . L-45502, 2 May 1939 . 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'. St. Rep. 191. vs. 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. MANUEL L. CAZEAS, respondent. This ballot should therefore be rejected. [C. Neilman Brewing Co. v. Independent Brewing Co., 191 F., 489, 495, citing Eagle White Lead Co., vs. Pflugh (CC) 180 Fed. All rights reserved. State v. White,34 S. C. 59, 12 S. E. 001, 27 Am. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. This ballot contains the name "Dimas Portillo Batring" written on the last line for councilors. (Idem sonans From Wikipedia, the free encyclopedia. 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. No. 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.". Ballots Exhibits T-6 and T-94. No.148420), Sasot v. People (Case Digest. With these changes, petitioner received a total of 1,565 valid votes. Delivered to your inbox! L-41480. & M. 800; 3 Chit Gen. Pr. Rights of foreign registrants. 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. 8 . Said the Court: "The registration of a mark upon the supplemental register is not, as in the case of the principal register, prima facie evidence of (1) the validity of registration; (2) registrant's ownership of the mark; and (3) registrant's exclusive right to use the mark. 143143 2 Comments 125 Shares Share Idem sonans is a Latin term meaning sounding the same or similar; having the same sound. Thus, the overall impression created is that the two products are deceptively and confusingly similar to each other. Petitioner's assignment of error on these ballots cannot, therefore, be entertained. WHEREFORE, the Petition is hereby DENIED and the assailed Resolution AFFIRMED. Hence, its Petition must fail. 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. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! The rule is inapplicable, however, under circumstances where the written name is material. 14 Asia Brewery v. CA (Case Digest. Prohibition against taxation of non-stock, non-pro G.R. 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. 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. 154514. 188, 23 S. W. 878. v. Intermediate Appellate Court, 158 SCRA 233). W. 540, 04 Am. This is an instance where it can be said that the two kinds of writing can be anchored under paragraph 8, Section 149, of the Revised Election Code, because the intention to mark does not appear clear. When letters make sounds that aren't associated w One goose, two geese. 5.docx - 1. WHAT IS THE IDEM SONANS RULE IN TRADEMARK? The arguments of petitioner are incorrect. Contact us. 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. Clearly, however, these dates are indicated in the Certificates of Registration. The difference in sound occurs only in the final letter at the end of the marks. For this reason, this Court can no longer disturb the ruling of the Court of Appeals invalidating these three ballots. In Latin it means "sounding the same. 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 . By Vicente B. Amador]. In the third place, there is no evidence that the name "Juan C. Bajo" was deliberately written on the ballot as a means to identify the voter. (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. Sounding the same or alike; having the same sound. T-139) containing only the nickname of petitioner is not a valid vote for him. The decision pivots on two point: the application of the rule of idem sonans and the existence of a confusing similarity in appearance between two trademarks (Rollo, p. v. Intermediate Appellate Court, 158 SCRA 233; La Chemise Lacoste, S.A. v. Fernandez, 129 SCRA 373)"5. 13, Section 149, supra). No. At the June 1985 trial, Orr fn. Such similar-sounding words are called a homonym, while simil. No. G.R. No. 139300 - Lawphil 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.
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