Академический Документы
Профессиональный Документы
Культура Документы
*
No. L27906. January 8, 1987.
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* SECOND DIVISION.
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produced by petitioner.
Same; Same; Corporations; Tradename may not be similar to
a corporate name.—A corporation is entitled to the cancellation of
a mark that is confusingly similar to its corporate name.
Appropriation by another of the dominant part of a corporate
name is an infringement.
Same; Same; Converse Rubber Corp. has already earned a
business reputation in this country which should beprotected.—
The testimony of petitioner’s witness, who is a legitimate trader
as well as the invoices evidencing sales of petitioner’s products in
the Philippines, give credence to petitioner’s claim that it has
earned a business reputation and goodwill in the country. Thus,
contrary to the dissemination of the Director of Patents, the word
“CONVERSE" has grown to be identified with petitioner’s
products and has acquired a second meaning within the context of
trademark and tradename laws.
Same; Same; Same.—The sales invoices provide the best
proof that there were actual sales of petitioner’s products in the
country and that there was actual use for a protracted period of
petitioner’s trademark or part thereof through these sales.
Same; Same; Same.—The sales of 12 to 20 pairs a month of
petitioner’s rubber shoes cannot be considered insignificant,
considering that they appear to be of very expensive quality,
which not too many basketball players can afford to buy. Any sale
made by a legitimate trader from his store is a commercial act
establishing trademark rights since such sales are made in due
course of business to the general public.
Same; Same; Same.—It is a corollary logical deduction that
while Converse Rubber Corporation is not licensed to do business
in the country and is not actually doing business here, it does not
mean that its goods are not being sold here or that it has not
earned a reputation or goodwill as regards its products.
Same; Same; Same; Predominant factor in determining
simHarity of tradename.—The determinative factor in
ascertaining whether
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or not marks are confusingly similar to each other “is not whether
the challenged mark would actually cause confusion or deception
of the purchasers but whether use of such mark would likely
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RESOLUTION
FERNAN, J.:
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1 p. 3, Rollo
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x x x x x x x x x
“‘That company is not here seeking to enforce any legal or control
rights arising from, or growing out of, any business which it has
transacted in the Philippine Islands. The sole purpose of the action:
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——o0o——
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