FIRST DIVISION

[ G.R. No. 226444, July 06, 2021 ]

KOLIN ELECTRONICS CO. v. KOLIN PHILIPPINES INTERNATIONAL +

KOLIN ELECTRONICS CO., INC., PETITIONER, VS. KOLIN PHILIPPINES INTERNATIONAL, INC., RESPONDENT.

DECISION

CAGUIOA, J:

This is a Petition for Review on Certiorari[1] (Petition) under Rule 45 of the Rules of Court assailing the Decision[2] dated February 16, 2016 and Resolution[3] dated August 11, 2016 of the Court of Appeals (CA) in CA-G.R. SP No. 131918.

The Facts

To contextualize the legal landscape in which this controversy is to be decided, it is important to note that the parties and/or their affiliates here already had previous disputes relating to other marks.

In G.R. No. 228165, entitled Kolin Electronics Co., Inc. v. Kolin Philippines International, Inc.[4] (en banc Kolin case), the Court summarized the resolved disputes as follows:
1. The KECI Ownership Case [Taiwan Kolin Co., Ltd. v. Kolin Electronics Co., Inc., CA-G.R. SP No. 80641, July 31, 2006]

On August 17, 1993, [the predecessor of petitioner Kolin Electronics Co., Inc. (KECI)] filed with the Bureau of Patents, Trademarks and Technology Transfer (BPTTT; now known as the Intellectual Property Office or IPO) an application for registration of Trademark Application No. 87497 for KOLIN covering the following products under Class 9: automatic voltage regulator, converter, recharger, stereo booster, AC-DC regulated power supply, step-down transformer, and PA amplifier AC-DC [(KOLIN (Class 9)[5]].

x x x [KECI's predecessor] assigned in favor of KECI all the assets x x including its pending application for registration of the [KOLIN (Class 9)] mark. x x x

On February 29, 1996, Taiwan Kolin Co., Ltd. (TKC)[, an affiliate of respondent Kolin Philippines International, Inc. (KPII),] filed with the BPTTT Trademark Application No. 4-1996-106310 for Normal 0 false false false EN-US X-NONE X-NONE