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Philippine Refining Co., Inc. vs. Ng Sam 115 SCRA 472 or 201 Phil 61

PHILIPPINE REFINING CO., INC., petitioner, vs. NG SAM and THE DIRECTOR OF PATENTS, respondents.

G.R. No. L-26676 | 1982-07-30

D E C I S I O N

ESCOLIN, J.:

The sole issue raised in this petition for review of the decision of the Director of Patents is whether or not the product of respondent Ng Sam, which is ham, and those of petitioner consisting of lard, butter, cooking oil and soap are so related that the use of the same trademark "CAMIA'' on said goods would likely result in confusion as to their source or origin.

The trademark "CAMIA" was first used in the Philippines by petitioner on its products in 1922. In 1949, petitioner caused the registration of said trademark with the Philippine Patent Office under certificates of registration Nos....