Ang v. Teodoro
[74 Phil 50 (1942)]

“In the present stage of development of the law on trade-marks, unfair competition, and unfair trading, the test employed by the courts to determine whether noncompeting goods are or are not of the same class is confusion as to the origin of the goods of the second user. Although two noncompeting articles may be classified under two different classes by the Patent Office because they are deemed not to possess the same descriptive properties, they would nevertheless be held by the courts to belong to the same class if the simultaneous use on them of identical or closely similar trade- marks would be likely to cause confusion as to the origin, or personal source, of the second user's goods. They would be considered as not falling under the same class only if they are so dissimilar or so foreign to each other as to make it unlikely that the purchaser would think the first user made the second user's goods. Such construction of the law is induced by cogent reasons of equity and fair dealing discussed in the decision. Tested by the foregoing rule, and in the light of other considerations set out in greater detail in the decision, Held: That pants and shirts are goods similar to shoes and slippers within the meaning of sections 3, 7, 11, 13, and 20 of the Trade-mark Law (Act No. 666).”