No. L-19297. December 22, 1966.
Petra Hawpia & Co., a partnership duly organized under the laws of the Philippines filed a petition for the registration of the trademark “LIONPAS” used on medicated plaster, with the Philippine Patent Office, asserting its continuous use in the Philippines since June 9, 1958. The Marvex Commercial Co., Inc. filed an opposition thereto, alleging that the registration of such trademark would violate its right to and interest in the trademark “SALONPAS” used on another medicated plaster and that both trademarks when used on medicated plaster would mislead the public as they are confusingly similar.
The Director of Patents in his decision gave due course to the petition, stating in part that “confusion, mistake, or deception among the purchasers will not likely and reasonably occur.
The Marvex Commercial argued that the application be rejected on the ground that (a) the applicant is not the owner of the trademark “LIONPAS” and (b) “LIONPAS” confusingly similar to the trademark “SALONPAS”.