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Sehwani Inc. etc. vs. In-N-Out Burger Inc

SEHWANI, INCORPORATED and/or BENITA'S FRITES, INC., Petitioner, versus IN-N-OUT BURGER, INC., Respondent.

G.R. No. 171053 | 2007-10-15

DECISION
 

YNARES-SANTIAGO, J.:

This petition for review assails the Decision[1] of the Court of Appeals in CA-G.R. SP No. 88004 dated October 21, 2005, which affirmed the December 7, 2004 Order[2] of Director General Emma C. Francisco of the Intellectual Property Office (IPO), in Appeal No. 14-2004-0004 finding that petitioners' appeal was filed out of time, as well as the Resolution[3] dated January 12, 2006 denying the motion for reconsideration.

Respondent IN-N-OUT Burger, Inc., a foreign corporation organized under the laws of California, U.S.A., and not doing business in the Philippines, filed before the Bureau of Legal Affairs...