Victoria Milling v. Ong Su
[GR 28499, Sep. 30, 1977]

“Common geometric shapes such as circles, ovals, squares, triangles, diamonds, and the like, when used as vehicles for display of word marks, ordinarily are not regarded as indicia of origin for goods to which the marks are applied, unless of course they have acquired secondary meaning. I have scoured the records completely to ascertain if the petitioner has submitted satisfactory evidence in this regard, but I find absolutely nothing to base a ruling that the triangle (sic) design has acquired a secondary meaning with respect to its sugar business.”

“It is the common practice for trademark owners to register designs forming outline of their distinguishing mark, but when the registrant of such design relies upon registration in proceeding based upon likelihood of confusion of purchasers, he assumes the burden of showing that the design portion of the mark has been so used that purchasers recognize the design, standing alone, as indicating goods emanating from the registrant.”

“Considering herein that the petitioner failed to establish that diamond design component of its mark has acquired a secondary meaning and that the literal portion of the marks have no similarity, there is no reasonable likelihood of purchaser confusion resulting from registrant's use of VALENTINE within a diamond and petitioner's use of VICTORIAS within a diamond.”