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idem sonans rule trademark

SR-2206 is a combination of the abovementioned trademarks registered separately by the petitioner in the Philippines and the United States. 428), Jurisprudence on gender-free or homosexual rape, Cario v. Insular Government, 212 U.S. 449 (1909), G.R. L-7704 [1954]; De Alban vs. Ferrer, G.R. The findings of fact of an administrative agency must be respected as long as they are supported by substantial evidence, even if such evidence might not be overwhelming or even preponderant. 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. 169211. These ballots were objected to by respondent as marked ballots, the alleged distinguishing mark consisting of the word "olo" written on the right hand margin of each ballot. T-4, T-11 and T-94) were improperly rejected and should be counted in favor of petitioner. L-18894             June 30, 1962. In the European Union, a mark must be well-known, with courts determining just how well-known. L-7704, December 14, 1954). 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. In connection with the three ballots referred to above, respondent makes mention of ballot Exhibit C-1, which was declared null and void under the provision of paragraph 14, section 149 of the Revised Election Code, for containing a printed sticker of candidate Angel V. Sanchez pasted on the line for vice-governor. No. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. Respondent contends that, applying the same ruling, ballots Exhibits T-129, T-130 and T-131 should also be declared null and void. 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. Surprisingly, petitioner never showed proof of CEEGEEFER's trademark registration. Hence, its Petition must fail. No. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. 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. W. 540, 04 Am. 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. This ballot contains the word "ietin" or "ilting" on the line for mayor. 189999. L-9637. In resume, we find that three (3) ballots (Exhs. All of them are designed to make sure that other people can't take . PDF Intellectua Property Office of He Philippines v. Intermediate Appellate Court, 158 SCRA 233; La Chemise Lacoste, S.A. v. Fernandez, 129 SCRA 373)"5. From these provisions it may be inferred that the use of nickname only as a vote is not allowed or permitted otherwise the vote would be invalid. Ballot Exhibit T-11. 22792, which reversed, on reconsideration, its own September 29, 1998 Decision.2 The dispositive portion of the assailed Resolution reads as follows: "WHEREFORE, the Motion for Reconsideration is GRANTED, and the Decision dated September 29, 1998 REVERSED.

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