Professional Documents
Culture Documents
2. function of trademark
Facts:
Issue:
Ruling:
YES.
Facts:
Lolita Escobar applied for the registration of the trademark ‘Barbizon’ for her
products such as brassieres and ladies undergarments. Respondent Barbizon
Corporation, an American corporation, opposed alleging that petitioner’s mark is
confusingly similar to its own trademark ‘Barbizon.’ Escobar’s application was given
due course and her trademark was registered. Later, Escobar assigned all her rights
to petitioner Mirpuri who failed to file an Affidavit of Use resulting in the cancellation
of the trademark. Petitioner then applied for registration of the trademark to which
respondent Barbizon again opposed, now invoking the protection under Article 6bis
of the Paris Convention. The Director of Patents declaring respondent’s opposition
was already barred, petitioner’s application was given due course. CA reversed the
judgment.
Issue:
Whether or not respondent may invoke the protection under Article 6bis of the Paris
Convention.
Ruling:
YES.
The Convention of Paris for the Protection of Industrial Property, otherwise known
as the Paris Convention, is a multilateral treaty that seeks to protect industrial
property consisting of patents, utility models, industrial designs, trademarks,
service marks, trade names and indications of source or appellations of origin, and
at the same time aims to repress unfair competition. The Convention is essentially
a compact among various countries which, as members of the Union, have pledged
to accord to citizens of the other member countries trademark and other rights
comparable to those accorded their own citizens by their domestic laws for an
effective protection against unfair competition. Art. 6bis is a self-executing
provision and does not require legislative enactment to give it effect in the member
country. It may be applied directly by the tribunals and officials of each member
country by the mere publication or proclamation of the Convention, after its
ratification according to the public law of each state and the order for its execution.
The Philippines and the United States of America have acceded to the WTO
Agreement. Conformably, the State must reaffirm its commitment to the global
community and take part in evolving a new international economic order at the
dawn of the new millennium.