EXPLAIN. Respondent claims that the Court Appeals committed error in declaring a mere nickname as a valid vote for petitioner. And in the fourth place, there being no candidate for councilor by the name of Juan C. Bajo, said name shall be considered as a stray vote which shall not invalidate the whole ballot (Par 13, Section 149, Revised Election Code). 678-679) IDEM SONANS For purposes of illustration, the following "SKOAL" and "SKOL", . We agree with the conclusion reached by the Court of Appeal that this ballot is null and void for having been filled by two distinct persons (Par. G.R. Citizens or residents of the Philippines shall have the same benefits as are granted by this section to persons described in the first paragraph hereof. 11 129 SCRA 373, 393, May 21, 1984, per Gutierrez, J. d) LINENIZED, under Certificate of Registration No. (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. When letters make sounds that aren't associated w One goose, two geese. On Exhibits C-58 rind C-85, the words "Cadia" and "Cuans" appearing on the line for mayor, respectively, do not sufficiently identify the candidate for whom the vote was intended. WHAT IS THE IDEM SONANS RULE IN TRADEMARK? . The rule on idem sonans is also a test to resolve the confusing similarity of trademarks. They are so prominent that even from a distance the ballots are easily identified. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. 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. The arguments of petitioner are incorrect. 623), G.R. G.R. Ballot Exhibit C-86. No. 189755. Ballots Exhibits T-119, T-120 and T-121. 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. We, therefore, uphold the ruling of the Court of Appeals admitting these three ballots for petitioner. 254 of Director of Patents, Apr. Petitioner claims that the Court of Appeals erred in applying the Paris Convention. In trademark law, the term designates a name that sounds close enough to a registered trademark to create confusion among consumers and infringe that mark, so the Steinway company was able to . Respondent objected to this ballot as marked with the name "Jose de la Cruz" written on the 5th line for senators. 143143 2 Comments 125 Shares Share 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. 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. These ballots were, therefore, correctly admitted. 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. The Lawphil Project - Arellano Law Foundation. 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.". No. 14 Asia Brewery v. CA (Case Digest. Admittedly, the pronunciations of the two do not, by themselves, create confusion. & M. 800; 3 Chit Gen. Pr. In Stresser v. Ress, 165 Neb. 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. Petitioner points out that the director of patents erred in its application of the idem sonans rule, claiming that the two trademarks "Gold Toe" and "Gold Top" do not sound alike and are pronounced differently. All rights reserved. 17, pp. WHEREFORE, the decision of the Court of Appeals is hereby modified in the sense that petitioner and respondent should draw lots to solve the tie as provided for in said section, without pronouncement as to costs. After the trial, the court rendered decision on October 5, 1960, declaring Cazeas elected with a plurality of two (2) votes over Tajanlangit. Petitioner now questions the validity of these ballots for the first time on appeal before this Court. Same Names "Yougn" and "Young" Held Idem Sonans. 8 Petitioner's Memorandum, pp. We do not agree. Use this button to switch between dark and light mode. As its title implies, the test of dominancy focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception and thus constitutes infringement. July 4, 2012 (690 Phil. Mar 6, 2013 (705 Phil. 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." 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (Hilao v. Bernados, G.R. Petitioner's assignment of error on these ballots cannot, therefore, be entertained. Aug 17, 2007 (557 Phil. No. Admittedly, there are some minor differences between the two sets of marks. This finding of fact made by the Court of Appeals based upon the evidence presented by the parties is no longer open for review by this Court (Hilao v. Bernados, supra). No. 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. Search for a definition or browse our legal glossaries. This ballot contains the name of a non-candidate, Julia Valdelion, written on the second line for senators. 125678. In the European Union, a mark must be well-known, with courts determining just how well-known. The names "Acsay" and "Lotilia" were written in extraordinarily big printed letters which can no longer be considered as a mere variation of writing allowed in the preparation of a ballot. We shall now take up the ballots included in the counter-assignment of errors submitted by respondent. 5. Pajo." L-19201. Merriam-Webster, Incorporated. 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. To emphasize, Section 5-A of Republic Act 166 requires the date of first use to be specified in the application for registration. 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. Prohibition against taxation of non-stock, non-pro G.R. This will give him a total of 1,565 valid votes. Requirements of the application. When he later sold his real property to defendant realty purchaser, a title search failed to disclose the abstract of judgment, such that the judgment lien was not identified and the proceeds were not used to satisfy the judgment. https://en.wikipedia.org/w/index.php?title=Idem_sonans&oldid=1147469360, Misspelling does not substantially change the placement of the name if placed in an, This page was last edited on 31 March 2023, at 04:48. Similarity of Trademarks. 1 Rollo, pp. First Issue: Rejecting this ballot as marked, the Court of Appeals stated that the writings of the name "Julia Valdelion" after crossing out the name "E. Cea" clearly indicates an intention to mark the ballot. No. Petitioner's Memorandum, signed by Atty. 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. 143193), Rights under the Intellectual Property Code, Constitutional policies re intellectual creation. L-7704, December 14, 1954). Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. Leon Amdur, in his book "TradeMark Law and Practice", pp. 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. On the other hand, respondent Cazeas counter-assigned errors involving 19 ballots.1wph1.t. 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. v. Intermediate Appellate Court, 158 SCRA 233). Petitioner Tajanlangit interposed the present petition for review claiming that the Court of Appeals committed errors in its ruling over 16 ballots. We are however of the opinion that the ballot Exhibit T-94 wherein the name "Ledesma" was written in big printed letters can be validated as being merely the expression of the voter to clarify or emphasize his vote in favor of Ledesma. 3. 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. 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." 8799; investment contracts. 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). In general, trademarks apply to logos, symbols, and branding. 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. 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. Section 5-A of Republic Act No. The object of the Convention is to accord a national of a member nation extensive protection against infringement and other types of unfair competition. 858, 87 N.W.2d 619 (1958), it was noted that: 188, 23 S. W. 878. 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. This is the doctrine enunciated in the case of Tabiana v. Abordo, supra, which we believe is applicable to the ballot in question. Petitioner claims that the Court of Appeals erred in rejecting this ballot invoking the provision of paragraph 13, section 149 of the Revised Election Code, which provides that any vote in favor of a person who has not filed a certificate of candidacy shall be void and counted as a stray vote but shall not invalidate the whole ballot. Ballots Exhibits C-11, C-58, C-59, and C-85. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. Your Free Online Legal Dictionary Featuring Blacks Law Dictionary, 2nd Ed. A term applied to names which are substantially the same, though slightly varied in the spelling, asLawrence and Lawronce, and the like. [C. Neilman Brewing Co. v. Independent Brewing Co., 191 F., 489, 495, citing Eagle White Lead Co., vs. Pflugh (CC) 180 Fed. 285--286. A glance at petitioner's mark shows that it definitely has a lot of similarities and in fact looks like a combination of the trademark and devices that respondent has already registered; namely, "Gold Toe," the representation of a sock with a magnifying glass, the "Gold Toe" representation and "linenized.". G.R. 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. One ballot (Exh. L-7704, December 14, 1954). L-14252, February 28, 1959).1wph1.t. Whether or not the Court of Appeals erred in applying the Paris Convention in holding that respondent ha[d] an exclusive right to the trademark 'gold toe' without taking into consideration the absence of actual use in the Philippines."8. Ballot Exhibits C-6, C-49, C-61, C-65, C-75 and C-76. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. 13, Section 149, supra). No. CLUETT PEABODY CO., INC., respondent. 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. It is a settled rule in election contests that "the findings of fact of the Court of Appeals with regard to the evidence aliunde submitted by both parties are no longer open for review, the function of this court being limited to determining if the appreciation made of said ballots by the Court of Appeals, apart from the evidence alluded to, was made in accordance with law and ruling of this Court" (Hilao V. Bernados, G.R. Following our ruling in the case of Salalima v. Sabater (G.R. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. Such similar-sounding words are called a homonym, while simil. 408), Charitable institution even if receiving payment, G.R. fn. 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.