Inarguably, a trademark deserves protection.20 idem sonans (I-dem soh-nanz), adj. 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. Similarity of Trademarks. This will give him a total of 1,565 valid votes. All rights reserved. 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). 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. Ballots Exhibits T-6 and T-94. L-8495, April 27, 1955) to support its conclusion. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. When letters make sounds that aren't associated w One goose, two geese. We have carefully examined the ballots in question and we agree with the conclusion reached by the Court of Appeals upholding the validity of these four ballots. 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. 143143 2 Comments 125 Shares Share G.R. 24, 1989 (254 Phil. The difference in sound occurs only in the final letter at the end of the marks. No registration of a mark or trade-name in the Philippines by a person described in the preceding paragraph of this section shall be granted until such mark or trade-name has been registered in the country of origin of the applicant, unless the applicant alleges use in commerce. 4 CA Decision, pp. Respondent contends that the word "Tafangu" written on the line for mayor does not fall under the idem sonans rule, and should be rejected and discounted from petitioner. In Latin it means "Sounding the same." A term applied to names which are substantially the same, though slightly varied in the spelling, as"Lawrence" and "Lawronce," and the like. The last named officer drafted the decision under appeal which was in due court signed and issued by the Director of Patents (who never presided over any hearing) adversely against the respondent Amigo Manufacturing, Inc. as heretofore mentioned (supra, p.1). The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. Jun 27, 2012 (689 Phil. ", Under Section 124.2 of RA 8293, the applicant is now required to "file a declaration of actual use of the mark with evidence to that effect, as prescribed by the Regulations within three (3) years from the filing date of the application. L-36081. We, therefore, uphold the ruling of the Court of Appeals admitting these three ballots for petitioner. We do not agree with the conclusion reached by the Court of Appeals. No. 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. vs. By Vicente B. Amador]. Ship company PRESUMED negligent for lost, damaged Tan v. Bausch (Case Digest. 189755. 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. - J. Brion, G.R. . 477), BATAS: Mga kasambahay, dapat bigyan ng 13th month pay, G.R. Merriam-Webster, Incorporated. 172), G.R. 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. 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. Requirements of the application. The rule on idem sonans is also a test to resolve the confusing similarity of trademarks. Ballot Exhibit T-144. Explain - Under the principle of idem sonans, two names are said to be similar only "if the attentive ear finds difficulty in distinguishing them when pronounced." It is not so in the case at hand [Trademark under the Intellectual Property Code", '99 ed. In general, trademarks apply to logos, symbols, and branding. 23, Section 149, Revised Election Code). [Petitioner]'s mark is a combination of the different registered marks owned by [respondent]. 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. Sounding the same or alike; having the same sound. 10 "Sec. The Idem Sonans Rule is particularly provided for under Section 211 (7) of the Omnibus Election Code, viz: Section 211. 8 . Reyes, J.B.L., J., took no part. L-7704 [1954]; De Alban vs. Ferrer, G.R. To be material, a variance must be such as has misled the opposite party to his prejudice. The rule of idem sonans is that absolute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pronounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced,the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. 1 Cromp. This Court has consistently held that where there is no evidence that the name of a person or persons, not candidates, were written on the ballot for purposes of identification, said name or names shall be counted as stray vote but shall not invalidate the whole ballot in accordance with the express provision of paragraph 13, section 149, of the Revised Election Code. [5] That means that a creditor filing a judgment lien or a title abstract company searching title to real property by a deed filed in an office of a county clerk must search by exact name, and can not rely on idem sonans. [Latin] (Of words or names) sounding the same, regardless of spelling <the names Gene and Jean are idem sonans>. 635). 678-679) IDEM SONANS For purposes of illustration, the following "SKOAL" and "SKOL", . 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. Petitioner has failed to rebut this presumption. Thus, the word may he read as "Tafangit". It is not the task of an appellate court to weigh once more the evidence submitted before the administrative body and to substitute its own judgment for that of the administrative agency in respect of sufficiency of evidence. 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. 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. No. Ballot Exhibit T-139. State v. White,34 S. C. 59, 12 S. E. 001, 27 Am. Exhibit T-6 was, therefore, properly rejected as marked ballot. Upon examination of the ballot, we have noted that the names appearing on the 4th line for senators and on the lines for governor and vice-governor were written with different pencil. L-21574. Obviously, its conclusion is based on the totality of the similarities between the parties' trademarks and not on their sounds alone. 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. It is a well settled rule in election contests that the marks which shall be considered sufficient to invalidate the ballot are those which the voter himself deliberately replaced on his ballot for the purpose of identifying it thereafter (Valenzuela v. Carlos and Lopez de Jesus, 42 Phil., 428). S. A. v. Director of Patents/ this Court unequivocally said that The fact that CEEGEEFER is idem sonans for CHERIFER is enough to violate respondent's right to protect its trademark, CHERIFER. Dates of First Use of Trademark and Devices. 103543). 8 Petitioner's Memorandum, pp. SR-2206 issued to Respondent-Registrant [herein petitioner] is hereby cancelled. 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. fn. 13 Decision of the Bureau of Patents, p. 3; rollo, p. 85. A term applied to names which are substantially the same, though slightly varied in the spelling, asLawrence and Lawronce, and the like. 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. 4-5; rollo, pp. At the June 1985 trial, Orr fn. Any person designated in the first paragraph of this section as entitled to the benefits and subject to the provisions of this Act shall be entitled to effective protection against unfair competition, and the remedies provided herein for infringement of marks and trade-names shall be available so far as they may be appropriate in repressing acts of unfair competition. On this ballot, the voter wrote the name "Juan C. Bajo" on the last line for councilors. 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 most jurisdictions, courts and trademark offices decide fame on a case-by-case basis. Shangri-La International v. CA (Case Digest. Here such intention does not appear (Hilao v. Bernados, G.R. This ballot is totally null and void. x x x . We shall now take up the ballots included in the counter-assignment of errors submitted by respondent. In any case, absent any clear showing to the contrary, this Court accepts the finding of the Bureau of Patents that it was respondent which had prior use of its trademark, as shown in the various Certificates of Registration issued in its favor. No. They are so prominent that even from a distance the ballots are easily identified. Published under license with Merriam-Webster, Incorporated. T-4, T-11 and T-94) were improperly rejected and should be counted in favor of petitioner. G.R. In Latin it means "sounding the same. Since the petitioner's actual use of its trademark was ahead of the respondent, whether or not the Court of Appeals erred in canceling the registration of petitioner's trademark instead of canceling the trademark of the respondent. 419-421 . Moreover, the validity of the Certificates of Registration was not questioned. 13, Section 149, Revised Election Code). 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. L-14829, May 29, 1959), the validity of these ballots can no longer be questioned before this Court after the ruling of the lower court was not included in petitioner's appeal to the Court of Appeals. 1. 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.". his book Trade-Mark Law and Practice, pp. No. Rodolfo Gilbang, Rustico Casia, M. Yadao, Fabian Rufina, Neptali Bulilan and Pausi Sapak. Same Names "Yougn" and "Young" Held Idem Sonans. This Court must exercise an independent judgment as to whether the process sanctioned by the court of last resort of the state constituted due process of law; it is not bound by, nor can it merely accept, the decision of the state court on that question. Hence, it is entitled to the protection of the Convention. 1074), ABOUT US - PROJECT JURISPRUDENCE PHILIPPINES, PRIVACY POLICY - www.projectjurisprudence.com, Wife's vag too small so husband wants annulment, Failed the bar twice; now, she's a lawyer, Chi Ming Tsoi v. CA (G.R. Balmaceda, G.R. Source: Merriam-Webster's Dictionary of Law 1996. Section 5-A of Republic Act No. 'GOLD TOP' blatantly incorporates petitioner's 'LINENIZED' which by itself is a registered mark."13. Although respondent registered its trademark ahead, petitioner argues that the actual use of the said mark is necessary in order to be entitled to the protection of the rights acquired through registration. For example, although the names Eliot, Elliot and Elliott are idem sonans, if the failure to use the correct name misleads and prejudices a party, the court will refuse to extend the doctrine. As held by the Court in the same decision[,] 'The most successful form of copying is to employ enough points of similarity to confuse the public with enough points of difference to confuse the courts.' . St. Rep. 191. It appears that no evidence was presented to show that writing of the name Julia Valdelion was used as a means to identify this ballot. The Bureau of Patents, however, did not rely on the idem sonans test alone in arriving at its conclusion. Republic of the PhilippinesSUPREME COURTManila, G.R. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. Both also include a representation of a man's foot wearing a sock and the word "linenized" with arrows printed on the label. In the present case, the Bureau considered the totality of the similarities between the two sets of marks and found that they were of such degree, number and quality as to give the overall impression that the two products are confusingly if not deceptively the same. Ballot Exhibit C-77. Prohibition against taxation of non-stock, non-pro G.R. L-19201. 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. (Puma Sportschuhfabriken Rudolf Dassler K.G. To save this word, you'll need to log in. 13465 dated January 25, 1968; c) DEVICE, consisting of a 'plurality of gold colored lines arranged in parallel relation within a triangular area of toe of the stocking and spread from each other by lines of contrasting color of the major part of the stocking' under Certificate of Registration No. 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. T-139) was, however, improperly admitted in favor of petitioner and should be deducted from him. Since the trademark was successfully registered, there exists a prima facie presumption of the correctness of the contents thereof, including the date of first use. Mar 6, 2013 (705 Phil. Ballots Exhibits C-11, C-58, C-59, and C-85. State v. Griffie, 118 Mo. 11 129 SCRA 373, 393, May 21, 1984, per Gutierrez, J. 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 Tax Court & its expanded jurisdiction, 30 days of continuous absence without official leave, Section 8.1 of R.A. No. In La Chemise Lacoste v. Fernandez,11 the Court held that registration with the supplemental register gives no presumption of ownership of the trademark. 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. The rule of idem sonans, the test of which is whether the sound of the variant spelling is the same or similar, does not apply to these two ballots. L-7704, December 14, 1954). Your Free Online Legal Dictionary Featuring Blacks Law Dictionary, 2nd Ed. 37. 47252. The FindLaw Legal Dictionary -- free access to over 8260 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. 14 251 SCRA 600, 615-616, December 29, 1995, per Kapunan, J. Petitioner Tajanlangit interposed the present petition for review claiming that the Court of Appeals committed errors in its ruling over 16 ballots. 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. Petitioner also seeks the reversal of the June 30, 1999 CA Resolution3 denying its own Motion for Reconsideration. This ballot contains the word "ietin" or "ilting" on the line for mayor. 3d 86, 547 N.E.2d 373 (1988) Rule: The arbitrary orthography and pronunciation given to proper names, and the variant spelling resulting from ignorance have led the courts to formulate the doctrine of "idem sonans," which means "sounding the same." In Latin it means "sounding the same." [1] 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.". 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. 82), G.R. [C. Neilman Brewing Co. v. Independent Brewing Co., 191 F., 489, 495, citing Eagle White Lead Co., vs. Pflugh (CC) 180 Fed. Law School Case Brief; Nat'l Packaging Corp. v. Belmont - 47 Ohio App. 276-277. July 4, 2012 (690 Phil. As to the actual date of first use by respondent of the four marks it registered, the seeming confusion may have stemmed from the fact that the marks have different dates of first use. L-12083, promulgated July 31, 1957). On the other hand, respondent Cazeas counter-assigned errors involving 19 ballots.1wph1.t. The names "Yougn" and "Young" held to be idem sonans. 692). Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. 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. 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. This page is not available in other languages. Clearly, they were ahead of petitioner's claimed date of first use of "Gold Top and Device" in 1958. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime . C-77) was improperly rejected and should be counted in favor of respondent. 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. What is theidem sonans rule in trademark? vs. Ballot Exhibit T-144. 139300 March 14, 2001. True, it would not be guilty of infringement on the basis alone of the similarity in the sound of petitioner's "Gold Top" with that of respondent's "Gold Toe." 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. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. Jun 16, 1965 (121 Phil. With a liberal application of the rule of idem sonans, we agree with the ruling of the Court of Appeals that the vote is valid for the petitioner. nans -s-nanz, -nnz : relating to or being two names having the same or similar pronunciation or sound the two names are not idem sonans Johnson v. Estelle, 704 F.2d 232 (1983) compare misnomer We believe, however that the Lloren case was an exception to the general rule that in isolated ballots where a nickname only is written, without being accompanied by the name or surname of the candidate, should not be given effect in accordance with paragraph 9, Section 149, in connection with Section 34 of the Revised Election Code, which expressly provides that "certificates of candidacy shall not contain nickname of candidates." No.148420), Sasot v. People (Case Digest. 160054), No-spouse, no-marriage employment policies. Feb 27, 2017 (806 Phil. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. 13887 dated May 9, 1968; and. v. Intermediate Appellate Court, 158 SCRA 233). G.R. There is no evidence that this ballot was cast by Julia Valdelion or that she wrote or signed her name thereon. No. It avers that since the words gold and toe are generic, respondent has no right to their exclusive use. These six (6) ballots were declared valid for respondent Cazeas by the lower court and this ruling had not been assigned as error by petitioner in this appeal to the Court of Appeals. 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'. No. No. L-14252, February 28, 1959).1wph1.t. It is a legal doctrine in which a person's identity is presumed known despite the misspelling of his or her name. The object of the Convention is to accord a national of a member nation extensive protection against infringement and other types of unfair competition. Accessed 1 May. Name 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 . 141), Service incentive leave; conversion to cash, G.R. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name, if the misspelled name sounds the same when pronounced. In other words, a mark placed on the ballot by a person other than the voter himself does not invalidate the ballot as marked. Thus, applicable is the Union Convention for the Protection of Industrial Property adopted in Paris on March 20, 1883, otherwise known as the Paris Convention, of which the Philippines and the United States are members. As that word appears written, it cannot be reasonably inferred that the intention of the voter was to mark the ballot. Aug 15, 1995 (317 Phil. 154514. The Decision of the Director of Patents, referred to by the CA, disposed as follows: "WHEREFORE, the Petition is GRANTED. L-39086, June 15, 1988 (245 Phil. 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. [w]e find [respondent's] motion for reconsideration meritorious. 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. 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. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. The Supreme Court held: As to the syllabication and sound of the two trade-names "Sapolin" and . 17-22; written by Justice Demetrio G. Demetria, with the concurrence of Justices Ramon A. Barcelona and Renato C. Dacudao. Post the Definition of idem sonans to Facebook, Share the Definition of idem sonans on Twitter. The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in an infringement case. G.R. No. CLUETT PEABODY CO., INC., respondent. No. No. For When 'Lowdown Crook' Isn't Specific Enough. Thus, the Court has held: "x x x. 2 argued the defendants had constructive notice of the abstract of judgment through application of the doctrine of idem sonans. L-7704, December 14, 1954). Learn a new word every day. Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema. definitions of legal terms. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime. No. As held in Del Monte Corporation v. Court of Appeals, 181 SCRA 410 (1990), the question is not whether the two articles are distinguishable by their label when set aside but whether the general confusion made by the article upon the eye of the casual purchaser who is unsuspicious and off his guard, is such as to likely result in confounding it with the original. G.R. We agree with the ruling of the Court of Appeals that these last two ballots cannot be counted in favor of the respondent. Certificate of registration prima facie evidence of validity. The voter appears to be illiterate. d) LINENIZED, under Certificate of Registration No. (Hilao v. Bernados, G.R. No. When the voter wrote the name of Bernados in Gothic letters he must have done it with the evident intention of placing a distinguishing mark on his ballot which necessarily invalidates it. 12 Villaflor v. CA, 280 SCRA 297, 329-330, October 9, 1997, per Panganiban, J. IDEM SONANS Definition & Legal Meaning Definition & Citations: Sounding the same or alike; having the same sound. The uphill alignment, pen pressure, slant as well as sizes of the letters in said names are dissimilar with those of the other names written on the ballot. The rule of idem sonans, the test of which is whether the sound of the variant spelling is the same or similar, does not apply to these two ballots. The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in an infringement case. 174473. L-18894 June 30, 1962. WHAT IS THE IDEM SONANS RULE IN TRADEMARK? Respondent contends that, applying the same ruling, ballots Exhibits T-129, T-130 and T-131 should also be declared null and void.
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idem sonans rule trademark