HICKOK MANUFACTURING CO., INC., petitioner, vs. COURT OF APPEALS and SANTOS LIM BUN LIONG, respondents. TEEHANKEE, J.: Facts: Petitioner Hickok Manufacturing Co., (Hickok), is a foreign corporation, which the registered the trademark HICKOK for its diverse articles of leather wallets, key cases, money folds made of leather, belts, mens briefs, neckties, handkerchiefs and mens socks. On the other hand, Lim Bun Liong (respondent) is registrant of a trademark of the same name HICKOK for its Marikina shoes. Hickok filed a petition to cancel the respondents registration of the trademark. The Director of Patent granted the petition of Hickok, but on appeal the Court of Appeals reversed the directors decision and dismissed Hickoks original petition for cancellation on the ground that the trademarks of petitioner and that of the registrant were different in design and coloring of, as well as in the words on the ribbons. Hence, this present appeal. Issue: Whether or not the registration of Lim Bun Liongs trademark for his Hickok Marikina shoes can be allowed. Held: The Court affirmed the appellate courts decision. While the law does not require that the competing trademarks be identical, the two marks must be considered in their entirety, as they appear in the respective labels, in relation to the goods to which they are attached. Emphasis should be on the similarity of the products involved and not on the arbitrary classification or general description of their properties or characteristics and that the mere fact that one person has adopted and used a trademark on his goods does not prevent the adoption and use of the same trademark by others on unrelated articles of a different kind. Petitioner, a foreign corporation registered the trademark for its diverse articles of men's wear such as wallets, belts and men's briefs which are all manufactured here in the Philippines but are so labelled as to give the misimpression that the said goods are of foreign (stateside) manufacture and that respondent secured its trademark registration exclusively for shoes (which neither petitioner nor the licensee ever manufactured or traded in) and which are clearly labelled in block letters as "Made in Marikina, Rizal, Philippines," no error can be attributed to the appellate court in upholding respondent's registration of the same trademark for his unrelated and non-competing product of Marikina shoes. G.R. No. L-44707, August 31, 1982 Facts: Petitioner is a foreign corporation and all its products are manufactures by Quality House Inc. The latter pays royalty to the petitioner. Hickok registered the trademark 'Hickok' earlier and used it in the sale of leather wallets, key cases, money folds, belts, mens underwear, neckties, hankies, and men's socks. While Sam Bun Liong used the same trademark in the sale of Marikina shoes. Both products have different channels of trade. The Patent Office did not grant the registration, but the Court of Appeals reversed the PPO decision.
Issue: Is there infringement in this case?
NONE. Emphasis should be on the similarity of the products involves and not on the arbitrary classification or the general description of their properties or characteristics. Also, the mere fact that one person has adopted and used a trademark on his goods does not prevent the adoption and use of the same by others on unrelated articles of different kind. There is a different design and coloring of the trademark itself. The 'Hickok' trademark is in red with white background in the middle of 2 branches of laurel (in light gold) while the one used by Sam Bun Liong is the word 'Hickok ' in white with gold background between 2 branches of laurel in red with the word 'shoes' also in red placed below the word 'Hickok'.