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PAGASA Industrial Corp. Vs. Court of Appeals, et al.

PAGASA INDUSTRIAL CORPORATION, petitioner, vs. COURT OF APPEALS, TIBURCIO S. EVALLE, as Director of Patents, and YOSHIDA KOGYO KABUSHIKI KAISHA, respondents.

G.R. No. L-54158 | 1984-08-31

R E S O L U T I O N


AQUINO, J.:

This case is about the conflicting claims of Pagasa Industrial Corporation and Yoshida Kogyo Kabushiki Kaisha for the trademark YKK for zippers.

The Director of Patents issued to Yoshida on November 9, 1961 Certificate of Registration No. 9331 for the said trademark for slide fasteners and zippers in class 41. It claimed to have used the trademark since September 1, 1950.

Notwithstanding that prior registration, the Director on April 4, 1968, or more than six years later, issued to Pagasa Certificate of Registration No. 13756 for the same trademark for its zippers, based on alleged use of the trademark...