Professional Documents
Culture Documents
Farbenfabriken Bayer
GR L-19906, 30 April 1969;
Facts:
The Bayer Cross in circle trademark was registered in
Germany in 1904 to Farbenfabriken vorm. Friedr. Bayer (FFB),
successor to the original Friedr. Bauyer et. Comp., and
predecessor to Farbenfabriken Bayer aktiengessel craft (FB2).
The Bayer, and Bayer Cross in circle trademarks were
acquired by sterling Drug Inc. when it acquired FFBs
subsidiary Bayer Co. of New York as a result of the
sequestration of its assets by the US Alien Property Custodian
during World War I. Bayer products have been known in
Philippines by the close of the 19th century. Sterling Drugs,
Inc., however, owns the trademarks Bayer in relation to
medicine. FBA attempted to register its chemical products
with the Bayer Cross in circle trademarks. Sterling Products
International and FBA seek to exclude each other from use of
the trademarks in the Philippines. The trial court sustained
SPIs right to use the Bayer trademark for medicines and
directed FBA to add distinctive word(s) in their mark to
indicate their products come from Germany. Both appealed.
Issue: Whether SPIs ownership of the trademarks extends to
products not related to medicine.
Held: No. SPIs certificates of registration as to the Bayer
trademarks registered in the Philippines cover medicines
only. Nothing in the certificates include chemicals or
insecticides. SPI thus may not claim first use of the
trademarks prior to the registrations thereof on any product
other than medicines. For if otherwise held, a situation may
arise whereby an applicant may be tempted to register a
trademark on any and all goods which his mind may conceive
even if he had never intended to use the trademark for the
said goods. Omnibus registration is not contemplated
by the Trademark Law.
The net result of the decision is that SPI may hold on its
Bayer trademark for medicines and FBA may continue using
the same trademarks for insecticide and other chemicals, not
medicine.
KUNNANs Defense:
KUNNAN disputed SUPERIORs claim of ownership and
maintained that SUPERIOR as mere distributor from
October 6, 1982 until December 31, 1991
fraudulently registered the trademarks in its
name.
alleged that it was incorporated in 1972, under the
name KENNEX Sports Corporation for the purpose of
manufacturing and selling sportswear and sports
equipment; it commercially marketed its products in
different countries, including the Philippines since
1972.
It created and first used PRO KENNEX, derived from
its original corporate name, as a distinctive trademark
for its products in 1976.
It registered the PRO KENNEX trademark not only in
the Philippines but also in 31 other countries, and
widely promoted the KENNEX and PRO KENNEX
trademarks through worldwide advertisements in print
media and sponsorships of known tennis players.
On October 1, 1982, after the expiration of its initial
distributorship agreement with another company,
KUNNAN appointed SUPERIOR as its exclusive
distributor in the Philippines under a Distributorship
Agreement whose pertinent provisions state:
Whereas, KUNNAN intends to acquire ownership of KENNEX
trademark registered by the Superior in the Philippines. Whereas,
the Superior is desirous of having been appointed [sic] as
the sole distributor by KUNNAN in the territory of the
Philippines.