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IP News
Prior Registration of ‘Family’ Brand by Pagoda Philippines, Inc.
Upheld Pagoda, the appellee in the case, first registered the Family trademark on April 13, 1981 with subsequent registrations of the trademark and its other variations. Pagoda’s Family product line, particularly its rubbing alcohol, became popular with its television commercial slogan, “hindi lang pampamilya, pang isports pa”. Among the Pagoda products that use the Family trademark include canned goods such as fruit juices, green peas, milk; nuts, pop corn, cheese curls, candies, jellies, powdered fruit and chocolate juices; hand sanitizer, and alcohol with cologne. Universal, the appellant, filed applications for the registration of the Family trademark for mineral water, fruit juices and green peas on December 17, 2002. Atty. Adrian S. Cristobal, Jr., Director General of IP Philippines, upheld the decision of the agency’s Bureau of Legal Affairs (BLA). In the decision, Cristobal cited Section 123.1 of the Intellectual Property Code: A mark cannot be registered if it is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of (1) the same goods or services (2) closely related goods or services (3) if it nearly resembles such a mark as to be likely to deceive or cause confusion. After the publication in the Intellectual Property Office e-Gazette of the two trademark applications for the Family trademark of Universal, Pagoda filed two opposition cases, anchored on Sec. 123.1. Universal did not dispute the findings of IP Philippines that its trademark application is identical or closely resembles Pagoda’s trademark. The office also ruled that Pagoda had earlier filed an application for the Family trademark for products that fall under the same classes of goods as those applied for by Universal. “In resolving these appeals,” Cristobal said in the decision, “this Office revisits the raison d’etre underlying the trademark registration system. The essence of trademark registration is to provide protection to the owners of trademarks.” “The function of a trademark,” Cristobal continued, “is to point out distinctly the origin or ownership of the goods to which it is affixed; to secure to him, who has been instrumental in bringing into the market a superior article of merchandise, the fruit of his industry and skill; to assure the public that they are procuring the genuine article; to prevent fraud and imposition; and to protect the manufacturer against substitution and sale of an inferior and different article as his product.”
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