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Kabushi Kaisha Isetan v. IAC
[GR 75420, Nov. 15, 1991]
The Paris Convention for the Protection of Industrial Property
does not automatically exclude all countries of the world
have signed it from using a tradename which happens to be
used in one country. To illustrate — If a taxicab or
bus company in a town in the United Kingdom or India happens
to use the tradename "Rapid Transportation", it
does not necessarily follow that "Rapid" can no
longer be registered in Uganda, Fiji, or the Philippines.
“As stated by the Director of Patents — "Indeed,
the Philippines is a signatory to this Treaty and, hence,
we must honor our obligation thereunder on matters concerning
internationally known or well known marks. However, this Treaty
provision clearly indicated the conditions which must exist
before any trademark owner can claim and be afforded rights
such as the Petitioner herein seeks and those conditions are
that:
a) the mark must be internationally known or well known;
b) the subject of the right must be a trademark, not a patent
or copyright
or anything else;
c) the mark must be for use in the same or similar kinds of
goods, and
d) the person claiming must be the owner of the mark (The
Parties Convention Commentary on the Paris Convention. Article
by Dr. Bogach, Director General of the World Intellectual
Property Organization, Geneva, Switzerland, 1985)".
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