Section 5-A of Republic Act No. 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. 1 Cromp. G.R. 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. 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. Apr 18, 1941 (71 Phil. L-18894 June 30, 1962. 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. No. 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. We agree with the Court of Appeals that the vote on this ballot cannot be counted in favor of respondent. These four (4) ballots were admitted by the Court of Appeals overruling the objection interposed by respondent that the same were each prepared by two distinct persons. 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. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. "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. Co Tlonq. Use this button to switch between dark and light mode. The question at issue in cases of infringement of trademarks is whether the use of the marks involved would be likely to cause confusion or mistakes in the mind of the public or deceive purchasers. It was, therefore, properly rejected. Justice demands we videotape all police interrogat G. R. No. Delivered to your inbox! 4255). State v. Griffie, 118 Mo. 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. Public prosecutor's grave abuse discretion in find SC: Ancient document can be proof of ownership, SC cancels marriage due to blatantly insensitive wife, G.R. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. Merriam-Webster, Incorporated. Respondent claims that the Court Appeals committed error in declaring a mere nickname as a valid vote for petitioner. 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. 30, 1968.". 3. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. 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. 2-3; rollo, pp. Moreover, the validity of the Certificates of Registration was not questioned. 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. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. It is a legal doctrine in which a person's identity is presumed known despite the misspelling of his or her name. 13, Section 149, Revised Election Code). his book Trade-Mark Law and Practice, pp. L-14252, February 28, 1959). When letters make sounds that aren't associated w One goose, two geese. 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. f CONCEPTS Meanwhile, the scope of a copyright is confined This ballot should, therefore, be counted in favor of petitioner who was voted thereon for the office of the mayor. 11-15; written by Justice Emeterio C. Cui, with the concurrence of Justices Ramon A. Barcelona and Demetrio G. Demetria. A ballot should be rejected where the manner in which the candidate's name is written gives the impression of an intention to mark or identify the ballot (Villavert v. Lim, 62 Phil., 178). (Auburn Rubber Corporation vs. Hanover Rubber Co., 107 F. 2d 588; x x x. For When 'Lowdown Crook' Isn't Specific Enough. Law School Case Brief; Nat'l Packaging Corp. v. Belmont - 47 Ohio App. 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. (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. L-12083, promulgated July 31, 1957). It contends that the claim of respondent that it had been using the "Gold Toe" trademark at an earlier date was not substantiated. Respondent contends that, applying the same ruling, ballots Exhibits T-129, T-130 and T-131 should also be declared null and void. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. G.R. 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. Petitioner's Memorandum, signed by Atty. W. 540, 04 Am. 166 declares to be unregistrable, 'a mark which consists o[r] comprises a mark or trademark which so resembles a mark or tradename registered in the Philippines of tradename previously used in the Philippines by another and not abandoned, as to be likely, when applied to or used in connection with the goods, business or services of the applicant, to cause confusion or mistake or to deceive the purchasers. 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. One moose, two moose. L-9637. A mark with a different spelling but is similar in sound with a registered mark when read, may be ruled as being confusingly-similar with the said registered mark or senior mark. The Decision of the Director of Patents, referred to by the CA, disposed as follows: "WHEREFORE, the Petition is GRANTED. Each case must be decided on its own merits". Ballot Exhibit T-78. 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 . In other words, a mark placed on the ballot by a person other than the voter himself does not invalidate the ballot as marked. Ballot Exhibit C-86. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the 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. 692). Obviously, its conclusion is based on the totality of the similarities between the parties' trademarks and not on their sounds alone. State v. White,34 S. C. 59, 12 S. E. 001, 27 Am. No. Ballots Exhibits T-83, T-84 and T-89. To be material, a variance must be such as has misled the opposite party to his prejudice. T-4, T-11 and T-94) were improperly rejected and should be counted in favor of petitioner. The abstract of judgment that was recorded also misspelled his name. Post the Definition of idem sonans to Facebook, Share the Definition of idem sonans on Twitter. Ballot Exhibit T-144. Mar 18, 2002 (429 Phil. 1. Jul 28, 2005 (502 Phil. The Court of Appeals declared this ballot to be valid vote for Bernados saying that such Gothic lettering merely shows the desire of the voter to attain greater clearness and emphasis on his favorite candidate. Respondent claims that the Court of Appeals committed error in not counting these four ballots in his favor under the rule of idem sonans. The findings of the Bureau of Patents that two trademarks are confusingly and deceptively similar to each other are binding upon the courts, absent any sufficient evidence to the contrary. The use of two kinds of writing appearing in this ballot is a good example of the exception provided for in paragraph 18, Section 149 of the Revised Election Code, which provides that unless it should clearly appear that it has been deliberately put by the voter to serve as identification mark, the use of two or more kinds of writing shall be considered innocent and shall not invalidate the ballot. He contends that Jose de la Cruz was not a candidate for any office but was a registered voter in the precinct where this ballot was cast. 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. In Stresser v. Ress, 165 Neb. 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. After an examination of the ballot, we agree with the conclusion reached by the Court of Appeals because this ballot clearly appears to have been filed by two distinct persons (Par. Editha R. Hechanova and Daphne Ruby B. Grasparil. 635). For the same reason, hardly is there any variance in their appearance. 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. With these changes, petitioner received a total of 1,565 valid votes. [4] A creditor may gain priority over other creditors in the event of a bankruptcy by filing a financing statement. The facts, which are undisputed, are summarized by the Court of Appeals in its original Decision, as follows: "The source of the controversy that precipitated the filing by [herein Respondent] Cluett Peabody Co., Inc. (a New York corporation) of the present case against [herein Petitioner] Amigo Manufacturing Inc. (a Philippine corporation) for cancellation of trademark is [respondent's] claim of exclusive ownership (as successor in interest of Great American Knitting Mills, Inc.) of the following trademark and devices, as used on men's socks: a) GOLD TOE, under Certificate of Registration No. 450), G.R. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. 16610 states that an applicant for a trademark or trade name shall, among others, state the date of first use. Examining the ratio decidendi in the case of Abrea v. Lloren, supra, the reason why this Court admitted ballots containing only a nickname was because 602 of the total number of 1,010 votes counted for Isabelo Lloren were cast by writing his nickname "Beloy"; and it had no alternative than to brush aside legal technicalities for the sake of "giving effect to the will of the people as freely and clearly expressed on the ballots." Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. & M. 800; 3 Chit Gen. Pr. 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. v. Intermediate Appellate Court, 158 SCRA 233). An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party. 2023. The legal effect of an idem sonans is that the minor name difference shall have no bearing on the priority of debtors. 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. Pajo." L-7704 [1954]; De Alban vs. Ferrer, G.R. Petitioner Tajanlangit interposed the present petition for review claiming that the Court of Appeals committed errors in its ruling over 16 ballots. In the second place, an identification mark on a ballot cannot be presumed (Jaucian v. Gallos, 55 O.G., 10394). On the other hand, if there is a minor difference in spelling or an idem sonans, the error is not fatal, but only if it is not seriously misleading. In the first place, it is admitted that the word "bajo" has two meanings in Visayan dialect, i.e., "bad smell" and "a musical instrument." To allow the petitioner to contest the validity of these ballots now would be unfair not only to the respondent but also the Court of Appeals, both of whom were deprived, the former, of an opportunity to present proof to destroy petitioner's claim, and the latter, to pass judgment upon the same (Quintia v. Bautista, 49 O.G., 2339). Respondent objected to this ballot as marked with the name "Jose de la Cruz" written on the 5th line for senators. In the absence of any showing that the initials "FS" or "ES" were that of the voter who cast this ballot or that said initials were placed thereon as an identification mark, this ballot was properly admitted for respondent (Gutierrez v. Aquino, G.R. Citing various differences between the two sets of marks, petitioner assails the finding of the director of patents that its trademark is confusingly similar to that of respondent. 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. 477), BATAS: Mga kasambahay, dapat bigyan ng 13th month pay, G.R. Moreover, it must also be considered that petitioner and respondent are engaged in the same line of business. Same Names "Yougn" and "Young" Held Idem Sonans. . Article 9 of the UCC states that a financing statement shall not perfect a valid security interest if a name change would be "seriously misleading.". 6 This case was deemed submitted for resolution on April 17, 2000, upon receipt by this Court of respondent's Memorandum, signed by Attys. Published under license with Merriam-Webster, Incorporated. In Grant v. Neither may it be the subject of interference proceedings. Petitioner presents no explanation why it chose those representations, considering that these were the exact symbols used in respondent's marks. 13887 dated May 9, 1968; and. 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. 547). 2 Rollo, pp. 678-679) IDEM SONANS For purposes of illustration, the following "SKOAL" and "SKOL", . 35--39, and 57 Am.Jur.2d, Names, Sec. [Latin] (Of words or names) sounding the same, regardless of spelling <the names Gene and Jean are idem sonans>. The names "Yougn" and "Young" held to be idem sonans. "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 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. Does the doctrine ofidem sonansoperate to provide constructive notice of the existence of a judgment lien when the judgment debtors name is incorrectly spelled in the recordation document? Registration [i]n the supplemental register is not constructive notice of registrant's claim of ownership. It is not subject to opposition, although it may be cancelled after its issuance. 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. Firms. Ballot Exhibit C-60. 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'. Inarguably, a trademark deserves protection.20 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. No. 17-22; written by Justice Demetrio G. Demetria, with the concurrence of Justices Ramon A. Barcelona and Renato C. Dacudao. Petitioner cannot therefore ignore the fact that, when compared, most of the features of its trademark are strikingly similar to those of respondent. 188, 23 S. W. 878. 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. In support of his contention, he cites the recent case of Tabiana v. Abordo (Case No. Idem sonans applied only to issues of identity and would not relieve a judgment creditor of the obligation to file a proper abstract. Similarity of Trademarks. 47252. Lastly, the names of the brands are similar -- "Gold Top" and "Gold Toe." 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. This ballot contains the name "Dimas Portillo Batring" written on the last line for councilors. Apr 30, 1976 (162 Phil. Aug 17, 2007 (557 Phil.
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