I.Protect: Top Gel-A A +A
Thursday, March 27, 2014
Clint Fabiosa & Ana Liza Villamor
Worldwide Pharmacy is the registered trademark owner of “TOP GEL T.G. & DEVICE OF A LEAF” papaya whitening soap as shown by Certificate of Registration 4-2000-009881 issued to by the Intellectual Property Office (IPO). It applied for search warrants against a number of drugstores which were selling counterfeit whitening papaya soaps bearing the general appearance of its products. Search warrants were issued and several items were seized. The respondents filed a motion to quash the search warrants. The Supreme Court held that the search warrants were valid since the basis for the applications for the search warrants on grounds of trademark infringement and unfair competition was the trademark TOP GEL T.G. & DEVICE OF A LEAF. Worldwide Pharmacy was issued Certificate of Registration No. 4-2000-009881 of said trademark on August 24, 2003 by the Intellectual Property Office, and is thus considered the lawful holder of the said trademark. Being the registrant and the holder of the same, it had the authority to enforce and protect its intellectual property rights over it.
(Century Chinese Medicine Co., et al vs. People, GR No. 188526, Nov. 11, 2013)
Published in the Sun.Star Cebu newspaper on March 28, 2014.