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

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

G.R. No. L-54158 | 1982-11-19

D E C I S I O N


DE CASTRO, J.:

Sometime on November 9, 1961, the Philippines Patent Office issued Certificate of Registration No. 9331 in favor of respondent Kaisha covering the trademark "YKK" for slide fasteners and zippers in class 41.

On April 27, 1967 or 5 1/2 years after respondent's registration was issued by the Philippines Patent Office, petitioner Pagasa filed an application for registration of exactly the same or identical trademark of "YKK" for zippers under class 41 which was allowed on April 4, 1968 with Certificate of Registration No. 13756.

Alleging that both trademark ("YKK") are confusingly similar, being used on...