[ BOC CUSTOMS MEMORANDUM CIRCULAR NO. 178-99, May 06, 1999 ]

DECISION ON TRADEMARK INFRINGEMENT



Attached is the letter* dated April 19, 1990 of Atty. Benjamin Irao, Jr., counsel and Attorney-in-Fact for Ceroilfood Shandong, Complanint endorsing the Decision promulgated on November 11, 1998 by the Office of Legal Affairs, department of Trade and Industry in Adm. Case No. 94-81 entitled Ceroilfood Shandong Cereals and Oils Branch versus Wilson Ong Ching Kian Chuan, specifically inviting attention to the dispositive portion which reads:
œWherefore, we find Resondent guilty as charged. Accordingly, this Office hereby orders Respondent;
  1. To cease and desist from using the infringed trademark of complainant;

  2. To file Affidavit for Cancellation and/or surrender of Copyright for said infringed trademark for cancellation with the National Museum, Copyright Division, copy furnished this office and the Complainant and its counsels;

  3. To file an Undertaking for the purpose aforestated; and

  4. To pay an administrative fine in the amount of P50,000.00 to be paid at DTI Cashier ™s Office, 4th Floor, DTI Building, 361 Sen. Gil. Puyat Ave. Makati City.
Failure on respondent ™s part to comply with the above directives upon the finality of the said Decision will compel this Office to cancel its business name and/or revoke any permit/authority issued to it by this office, plus additional fine of ONE THOUSAND PESOS (P1,000.00) for every day of delay. 
For your information and guidance.

Adopted: 06 May 1999

(SGD.) JULITA S. MANAHAN
Deputy Commissioner
Internal Administration Group




* Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.