[Latin] (Of words or names) sounding the same, regardless of spelling . The former claims that it was the first to register the logo and the trade name in the Philippines and that it had been, using the same in its restaurant business. Consequently, Certificate of Registration No. Idem sonans explained. ), On the other side of the spectrum, the holistic test mandates that the entirety of the marks in question must be considered in determining confusing similarity. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. wrongly spelled, but sufficiently correct to identify someone. The Decision of the Director of Patents, referred to by the CA, disposed as follows: "WHEREFORE, the Petition is GRANTED. 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. Indeed, Section 20 of Republic Act 166 provides as follows: "Sec. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. 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. Estelle, 704 F.2d 232 (1983) — compare misnomer. 16610 states that an applicant for a trademark or trade name shall, among others, state the date of first use. Certificate of registration prima facie evidence of validity. And in 30 Tex.Jur., page 602, it is said: `This phrase means "of the same sound," and names are idem sonans if the attentive ear finds difficulty in distinguishing them when *220 pronounced, or if common and long-continued usage has made them identical in pronunciation, irrespective of the rules of orthography. idem sonans (I-dem soh-nanz), adj. State v. 15, p. 603. As already discussed, respondent registered its trademarks under the principal register, which means that the requirement of prior use had already been fulfilled. Section 4(d) of R.A. No. Respondent is domiciled in the United States and is the registered owner of the "Gold Toe" trademark. The findings of the Bureau of Patents that two trademarks are confusingly and deceptively similar to each other are binding upon the courts, absent any sufficient evidence to the contrary. Admittedly, there are some minor differences between the two sets of marks. It is difficult in the preparation of an appellate record for Petitioner claims that it started the actual use of the trademark "Gold Top and Device" in September 1956, while respondent began using the trademark "Gold Toe" only on May 15, 1962. 418, 27 S.W.2d 653; 30 Tex.Jur., Names, Sec. In its assailed Resolution, the CA held as follows: "After a careful consideration of [respondent's] arguments and a re-appreciation of the records of this case. 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'. Under the idem sonans rule, the following trademarks were held confusingly similar in sound: "BIG MAC"and "BIG MAK"6, "SAPOLIN" and LUSOLIN"?, "CELDURA" and "CORDURA"**, "GOLD DUST" and "GOLD DROP". mannosides 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. A foreign-based trademark owner, whose country of domicile is a party to an international convention relating to protection of trademarks,17 is accorded protection against infringement or any unfair competition as provided in Section 37 of Republic Act 166, the Trademark Law which was the law in force at the time this case was instituted. Rodolfo Gilbang, Rustico Casia, M. Yadao, Fabian Rufina, Neptali Bulilan and Pausi Sapak. Based on the evidence presented, this Court concurs in the findings of the Bureau of Patents that respondent had actually used the trademark and the devices in question prior to petitioner's use of its own. "With respect to the issue of confusing similarity between the marks of the petitioner and that of the respondent-registrant applying the tests of idem sonans, the mark 'GOLD TOP & DEVICE' is confusingly similar with the mark 'GOLD TOE'. CLUETT PEABODY CO., INC., respondent. Note: Similarity of sound is sufficient to rule that the two marks are confusingly similar when applied to merchandise of the same descriptive properties. Hence, its Petition must fail. No. Petitioner has failed to rebut this presumption. 166 declares to be unregistrable, 'a mark which consists o[r] comprises a mark or trademark which so resembles a mark or tradename registered in the Philippines of tradename previously used in the Philippines by another and not abandoned, as to be likely, when applied to or used in connection with the goods, business or services of the applicant, to cause confusion or mistake or to deceive the purchasers. Thus, the overall impression created is that the two products are deceptively and confusingly similar to each other. ", In the present case, a resort to either the Dominancy Test or the Holistic Test shows that colorable imitation exists between respondent's "Gold Toe" and petitioner's "Gold Top." 11-15; written by Justice Emeterio C. Cui, with the concurrence of Justices Ramon A. Barcelona and Demetrio G. Demetria. "27. Course Hero, Inc. Costs against petitioner. The rule [of idem sonans] depends for its application on the intricacies and foibles of articulated speech; its application must suffer the consequences of accents, dialects, and the peculiarities of localized or personalized pronunciations.
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