MANILA, Philippines – UFC Philippines owns the "Papa" trademark in catsup and other condiments, and any company attempting to use the same brand is infringing on that right, the Supreme Court said in a recent ruling.
In a 35-page decision dated January 20, the Court’s first division upheld an earlier decision of the Intellectual Property Office (IPO) that rejected the application of Barrio Fiesta Manufacturing Corporation for the mark "Papa Boy & Device" for its products.
More than a decade ago, in 2002, Barrio Fiesta filed an application for the "Papa" mark for goods under Class 30, specifically for lechon sauce. Nutri-Asia, which has merged with UFC, opposed the application, saying that "Papa Boy & Device" is similar to its "Papa" products, based on court records.
The IPO ruled in favor of UFC, but Barrio Fiesta appealed the ruling with the Court of Appeals (CA), which decided in favor of Barrio Fiesta.
The High Tribunal said the CA should have just heeded the IPO, which has technical expertise on the matter.
"Since petitioner's product, catsup, is also a household product found on the same grocery aisle, in similar packaging, the public could think that petitioner [Barrio Fiesta] had expanded its product mix to include lechon sauce, and that the 'Papa Boy' lechon sauce is now part of the 'Papa' family of sauces," the High Court added. – Rappler.com