FACTS:

Petitioner Dermaline, Inc. filed an application for registration of the trademark "DERMALINE DERMALINE, INC." with the Intellectual Property Office (IPO). Respondent Myra Pharmaceuticals, Inc. opposed the registration, claiming that Dermaline's trademark is confusingly similar to its own trademark "DERMALIN" and will likely cause confusion, mistake, and deception to the public. Myra alleged that the registration of Dermaline's trademark would violate the Intellectual Property Code of the Philippines and diminish the distinctiveness and goodwill of Myra's trademark. Myra argued that the marks are practically identical, with the first eight letters being the same, and that the pronunciation and syllables are similar as well. Myra also pointed out that Dermaline had previously applied for the same mark and was refused registration. Dermaline countered that the trademarks have different features and distinctive presentations and that there are glaring dissimilarities between the two marks. The IPO-Bureau of Legal Affairs sustained Myra's opposition, resulting in the rejection of Dermaline's trademark application. Dermaline's appeal was dismissed for being filed out of time, and the Court of Appeals affirmed the rejection of the trademark application. Dermaline filed a petition for review seeking the reversal of the CA decision.

ISSUES:

1. Whether the CA erred in upholding the IPO's rejection of Dermaline's application for registration of trademark.

RULING:

1. The CA did not err in upholding the IPO's rejection of Dermaline's application for registration of trademark. A trademark owner has the right under Section 147 of R.A. No. 8293 to prevent third parties from using a trademark, or similar signs or containers for goods or services, without its consent, identical or similar to its registered trademark, where such use would result in a likelihood of confusion. The Dominancy Test and the Holistic or Totality Test are used to determine likelihood of confusion. In this case, the CA found that Dermaline's trademark "DERMALINE DERMALINE, INC." is similar to Myra's trademark "DERMALIN" and could cause confusion, mistake, and deception to the purchasing public. Thus, the CA's decision to uphold the rejection of Dermaline's application for trademark registration was correct.

PRINCIPLES: