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  • Asari Yoko V Kee Boc

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    Eis Pattad Mallonga
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    Kee Boc filed a petition to register the trademark "Race" for shirts and undershirts. Asari Yoko Co. Ltd. of Japan opposed the registration, claiming it owned the trademark in Japan and the Philippines. The director of patents dismissed the opposition. The court found that the trademark "Race Brand" Kee Boc applied for was identical to the trademark "Race Brand" registered by Asari Yoko in Tokyo, Japan in 1937. Evidence also showed Kee Boc's boxes covered the words "registered trademark by the oppositor". No evidence was found that the Japanese trademark was confiscated during the war. As commercial relations existed between the countries, the Japanese owner was entitled to use the trademark exclusively.

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    Asari Yoko v Kee Boc

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    Kee Boc filed a petition to register the trademark "Race" for shirts and undershirts. Asari Yoko Co. Ltd. of Japan opposed the registration, claiming it owned the trademark in Japan and the Philippines. The director of patents dismissed the opposition. The court found that the trademark "Race Brand" Kee Boc applied for was identical to the trademark "Race Brand" registered by Asari Yoko in Tokyo, Japan in 1937. Evidence also showed Kee Boc's boxes covered the words "registered trademark by the oppositor". No evidence was found that the Japanese trademark was confiscated during the war. As commercial relations existed between the countries, the Japanese owner was entitled to use the trademark exclusively.

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    10 views1 page

    Asari Yoko V Kee Boc

    Uploaded by

    Eis Pattad Mallonga
    Kee Boc filed a petition to register the trademark "Race" for shirts and undershirts. Asari Yoko Co. Ltd. of Japan opposed the registration, claiming it owned the trademark in Japan and the Philippines. The director of patents dismissed the opposition. The court found that the trademark "Race Brand" Kee Boc applied for was identical to the trademark "Race Brand" registered by Asari Yoko in Tokyo, Japan in 1937. Evidence also showed Kee Boc's boxes covered the words "registered trademark by the oppositor". No evidence was found that the Japanese trademark was confiscated during the war. As commercial relations existed between the countries, the Japanese owner was entitled to use the trademark exclusively.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Asari Yoko v.

    Kee Boc
    GR L-14086, 20 January 1961; En Banc, Labrador (J)
    Facts:
    In 1953, Kee Boc filed a petition for the registration of the trademark Race to be used
    in shirt and undershirts manufactured by him. Opposition was interposed by Asari Yoko Co. Ltd.
    of Japan on the ground that it was the owner of such trademark both in Japan and in the
    Philippines. The director of Patents dismissed Asari Yokos opposition. Hence, the petition for
    review.
    Issue:
    Whether Asari Yoko was the rightful owner of the Race Brand trademark. Intellectual
    Property Law, 2004 ( 2 )Digests (Berne Guerrero)
    Held:
    The trademark Race Brand applied for is exactly the same as the trademark Race
    Brand applied for is exactly the same as the trademark Race Brand registered in 1937 in
    Tokyo, Japan. Paper sheets pasted in Kee Bocs boxes covered the words registered Trademark
    by the oppositor, thus, is proven conclusively by evidence. No evidence was found whether the
    trademark was registered by Japanese in the Philippines before the war to warrant its
    confiscation under the Trading with the enemy Act. As commercial relations with Japan had
    existed and continued, and that the goods bearing the trademark entered the Philippines legally,
    the owner of the trademark is entitled to the right to use the same to the exclusion of others.
    Existence of formal commercial agreement between the countries is unnecessary for the
    recognition of trademarks as such is inconsistent with the freedom of trade recognized in modern
    times.

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