In an 11-page ruling written by Associate Justice Franchito Diamante and concurred in by Associate Justices Ricardo Rosario and Melchor Sadang, the CA's Special 15th Division denied the petition for review filed by Valenzuela City-based Sam Lim Corporation questioning the ruling dated January 9, 2012 of the Office of the Director General of the Intellectual Property Office against the biscuit company.
Yahoo! opposed SLC's application for registration of the trademark "Yaahoo" under classification for goods before the IPO which covers biscuits and other food products.
The American multinational internet corporation argued SLC's "Yaahoo" is confusingly similar to its well-known trademark "Yahoo!".
The SLC intends to register "Yaahoo" for its peanut butter products.
The IPO's Director of the Bureau of Legal Affairs sustained on Jan. 16, 2008 Yahoo's opposition holding that the two, Yahoo! and Yaahoo, are visually and aurally similar.
The SLC sought reconsideration but was denied, prompting it to elevate the case to the CA.
However, the CA said the SLC's petition lacks merit.
It said "[Yahoo!] was able to present overwhelming evidence proving that it is the true owner and prior user of the mark Yahoo! And that it has passed the criteria laid down in Rule 102 of the IPO's Rules and Regulations on trademarks, among others."
source: interaksyon.com
