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Marvex Commercial Co. Vs Petra Haw Pia

The document describes a legal case between Marvex Commercial Co. and Petra Haw Pia regarding the registration of similar trademarks. Marvex opposed Petra Haw Pia's application to register "LIONPAS" for medicated plasters, arguing it was confusingly similar to their registered trademark "SALONPAS" for similar goods. The Director of Patents initially approved the registration. However, the court ruled the trademarks were confusingly similar in sound due to sharing the suffix "PAS" and sounding nearly identical when spoken. Similarity in sound alone was sufficient for the court to conclude consumers would likely be confused.

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Talina Binondo
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129 views1 page

Marvex Commercial Co. Vs Petra Haw Pia

The document describes a legal case between Marvex Commercial Co. and Petra Haw Pia regarding the registration of similar trademarks. Marvex opposed Petra Haw Pia's application to register "LIONPAS" for medicated plasters, arguing it was confusingly similar to their registered trademark "SALONPAS" for similar goods. The Director of Patents initially approved the registration. However, the court ruled the trademarks were confusingly similar in sound due to sharing the suffix "PAS" and sounding nearly identical when spoken. Similarity in sound alone was sufficient for the court to conclude consumers would likely be confused.

Uploaded by

Talina Binondo
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

MARVEX COMMERCIAL CO.

vs PETRA HAW PIA FACTS: Petra Haw Pia, a partnership duly organized under the laws of the Philippines filed a petition for the registration of the trademark "LIONPAS" used on medicated plaster. The Marvex Commercial Co., Inc., a corporation also duly organized under the laws of the Philippines, filed an opposition thereto, alleging that the registration of such trademark would violate its right to and interest in the trademark "SALONPAS" used on another medicated plaster, and that both trademarks when used on medicated plaster would mislead the public as they are confusingly similar. After due hearing, the Director of Patents in his decision of August 18, 1961 dismissed the opposition and gave due course to the petition, stating in part that "confusion, mistake, or deception among the purchasers will not likely and reasonably occur" when both trademarks are applied to medicated plaster. Hence this petition before the court. ISSUE: WON the trademark "LIONPAS" confusingly similar to the trademark "SALONPAS". RULING: It is our considered view that the trademarks "SALONPAS" and "LIONPAS" are confusingly similar in sound. Both these words have the same suffix, "PAS", which is used to denote a plaster that adheres to the body with curative powers. "Pas, being merely descriptive, furnishes no indication of the origin of the article and SAPOLIN CO., INC vs BALMACEDA FACTS: The registration of "LIONPAS" cannot therefore be given due course. In the case at bar, "SALONPAS" and "LIONPAS", when spoken, sound very much alike. Similarity of sound is sufficient ground for this Court to rule that the two marks are confusingly similar when applied to merchandise of the same descriptive properties (see Celanese Corporation of America vs. E. I. Du Pont, 154 F. 2d. 146, 148). therefore is open for appropriation by anyone and may properly become the subject of a trademark by combination with another word or phrase. Two letters of "SALONPAS" are missing in "LIONPAS"; the first letter a and the letter s. Be that as it may, when the two words are pronounced, the sound effects are confusingly similar. And where goods are advertised over the radio, similarity in sound is of especial significance.

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