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1. Sy Tuo opposed the registration of the trademark "X-7" for laundry soap filed by Chua Che, as Sy Tuo had already registered the trademark "X-7" for perfume, lipstick, and nail polish.
2. The Philippines Patent Office ruled in favor of Sy Tuo, finding that though the goods were different, they were common household items that could cause confusion among purchasers who may think the products have a common origin.
3. The Supreme Court affirmed, finding that registration should be refused where there is a likelihood of confusion, even for different goods, as the average purchaser could associate the laundry soap with Sy Tuo's perfume and other products.
1. Sy Tuo opposed the registration of the trademark "X-7" for laundry soap filed by Chua Che, as Sy Tuo had already registered the trademark "X-7" for perfume, lipstick, and nail polish.
2. The Philippines Patent Office ruled in favor of Sy Tuo, finding that though the goods were different, they were common household items that could cause confusion among purchasers who may think the products have a common origin.
3. The Supreme Court affirmed, finding that registration should be refused where there is a likelihood of confusion, even for different goods, as the average purchaser could associate the laundry soap with Sy Tuo's perfume and other products.
1. Sy Tuo opposed the registration of the trademark "X-7" for laundry soap filed by Chua Che, as Sy Tuo had already registered the trademark "X-7" for perfume, lipstick, and nail polish.
2. The Philippines Patent Office ruled in favor of Sy Tuo, finding that though the goods were different, they were common household items that could cause confusion among purchasers who may think the products have a common origin.
3. The Supreme Court affirmed, finding that registration should be refused where there is a likelihood of confusion, even for different goods, as the average purchaser could associate the laundry soap with Sy Tuo's perfume and other products.
G.R. No. L-18337 | 13 SCRA 67 | January 30, 1965 Petitioner: CHUA CHE ISSUE/S Respondents: PHILIPPINES PATENT OFFICE and SY TUO 1. W/N Sy Tuo can oppose the registration of “X-7” for laundry soap even though his registered trademark was for perfume, lipstick and nail polish. DOCTRINE Registration of a trademark should be refused in cases where there is a likelihood of RULING & RATIO confusion, mistake, or deception, even though the goods fall into different categories. 1. YES 2. The circumstance of non-actual use of the mark on granulated soap by Sy FACTS Tuo, does not detract from the fact that he has already a right to such a 1. Chua Che is a Chinese citizen residing at Tondo, Manila. He is engaged in trademark and should, therefore, be protected. selling laundry soap, Class 51. 3. The average purchasers are likely to associate X-7 laundry soap with X-7 2. On October 30, 1958, Chua Che filed a petition with Philippine Patent Office perfume, lipstick and nail polish or to think that the products have common to register the trade name “X-7” for his soap. origin or sponsorship. 3. In the petition, Chua Che alleged that the trademark was used by him since 4. While it is no longer necessary to establish that the goods of the parties June 10, 1957 and that he continuously used it in trade. possess the same descriptive properties, as previously required under the 4. On July 6, 1959, the application of Chua Che was approved by the Department Trade Mark Act of 1905, registration of a trademark should be refused in of Commerce and Industry. However, after the publication of “Notice of cases where there is a likelihood of confusion, mistake, or deception, Allowance”, Sy Tuo presented a notice of opposition. even though the goods fall into different categories. 5. Sy Tuo alleged: 5. The products of Sy Tuo are common household items nowadays, in the same o that trademark “X-7” was registered to him, covered by Certificate of manner as laundry soap. The likelihood of purchasers to associate those Registration no. 5,000, issued on April 21, 1951. products to a common origin is not far-fetched. o That he has prior use of the trademark "X-7" as he has been using it extensively and continuously since July 31, 1952. DISPOSITION o that the registration of the trademark "X-7" in the name of CHUA CHE PREMISES CONSIDERED, the decision sought to be reviewed should be, as it is will be in violation of, and will run counter to, Section 4 (d) of RA 166, hereby affirmed in all respects, with costs against appellant CHUA CHE in both because it is confusingly similar to the trademark "X-7" instances. 6. Chua Che, while he admitted that "X-7" is registered in the name of Sy Tuo, he claimed that said trademark is not being used on soap, but purely toilet articles. 7. Director of Patents ruled in favor of Sy Tuo. o Sy Tuo’s first use of the trademark X-7 on July 31, 1953, is prior to applicant's first use of the mark on June 10, 1957. o Record shows that Sy Tuo has been using the trademark X-7 on perfume, lipstick and nail polish since July 1953. o Sy Tuo spent substantial amounts of money in building upon the goodwill of this trademark through advertisements in all kinds of media. Thus, he enjoys a valuable goodwill in the trademark X-7. o The products of the parties, while specifically different, are products intended for use in the home and usually have common purchasers. o The use of X-7 for laundry soap is but a natural expansion of business of the Sy Tuo.