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Unit 903 Richmonde Plaza, San Miguel Avenue cor.

Lourdes Drive, Ortigas Center, Pasig City 1605


Telephone Nos. (632) 632-9039; 515-5558; 514-5559, Facsimile No. (632) 638-7251; E-mail address: ppa_lawoffice@yahoo.com
ppalaw@pldtdsl.net, and lcplaw@pdtdsl.net

POLICARPIO PAGULAYAN & AZURA
L A W O F F I C E
P P
A &



L A W

February 27, 2012

GOODMAN FIELDER INTERNATIONAL
PHILIPPINES, INC.,
Unit 1104, 11
th
Floor, Robinsons Galleria
Corporate Center, EDSA corner Ortigas Avenue
Quezon City

Attention : ANA MARIE MOTA
Subject : MOTHERS CHOICE BRANDING


Gentlemen:

We refer to your queries on the legal implications in using the existing brand of Mothers
Choice to Goodman Fielders dairy product.

Under the Intellectual Property Code, specifically the law on trademarks, service marks and trade
names, the owner of an existing trademark, service mark and trade name that is duly registered
with the Intellectual Property Office, shall have the exclusive right to the use of the trade mark or
trade name and to prevent other persons from using the same. Thus, Section 147 of the
Intellectual Property Code provides that:

Sec. 147. Rights Conferred.

147.1. xxx The owner of a registered mark shall have the exclusive right to prevent all
third parties not having the owners consent from using in the course of trade identical or
similar signs or containers for goods or services which are identical or similar to those in
respect of which the trademark is registered where such use would result in a likelihood
of confusion. In case of the use, of an identical sign for identical goods or services, a
likelihood of confusion shall be presumed.

xxx







Unit 903 Richmonde Plaza, San Miguel Avenue cor. Lourdes Drive, Ortigas Center, Pasig City 1605
Telephone Nos. (632) 632-9039; 515-5558; 514-5559, Facsimile No. (632) 638-7251; E-mail address: ppa_lawoffice@yahoo.com
ppalaw@pldtdsl.net, and lcplaw@pdtdsl.net

POLICARPIO PAGULAYAN & AZURA
L A W O F F I C E
P P
A &



L A W




In interpreting the above mentioned provision, the following requisites must concur:

1-the registered trademark/trade name is being used in the course of trade by a person other than
the owner of the registered owner of the trade name;
2-the third person is using a mark/trade name which is identical or similar to the registered
trademark/trade name;
3-the third person is using signs or containers for goods or services which are identical or similar
to those in respect of which the trademark/trade name is registered;
4-the use of the registered trademark/trade name by the third person would result in a likelihood
of confusion; and
5- the use of the registered trademark is without the consent of its owner.

Based on the above provision of law, any person or entity that would use the trade name
Mothers Choice without the consent of the registered owner of the said trade name would be
facing a potential law suit for infringement with liability for damages, as the case may be. The
registered owner, shall also have the right to ask the court for an injunction to prevent the other
person from using the trade mark/trade name and to destroy the infringing goods.

Considering that Goodman Fielder International Philippines, Inc. intends to use the brand name
Mothers Choice to its dairy products, there is a possibility that this would create confusion to
the mind of the public. Aside from the likelihood of confusion, Goodman Fielders intention to
use the trade name to its dairy product is identical or similar to the existing brand of Mothers
Choice being used in sauces/seasonings, that is the food industry.


Should there be a need for clarification, please let us know. Thank you.


Very truly yours,

RUFINO L. POLICARPIO III JO PAUL B. GATAPIA
Of the Firm Of the Firm




Unit 903 Richmonde Plaza, San Miguel Avenue cor. Lourdes Drive, Ortigas Center, Pasig City 1605
Telephone Nos. (632) 632-9039; 515-5558; 514-5559, Facsimile No. (632) 638-7251; E-mail address: ppa_lawoffice@yahoo.com
ppalaw@pldtdsl.net, and lcplaw@pdtdsl.net

POLICARPIO PAGULAYAN & AZURA
L A W O F F I C E
P P
A &



L A W