In paragraph 9 of said section, it is also provided that the use of nicknames, if accompanied by the name or surname of the candidate, does not annul such vote, except when such nicknames are used as a means to identify the voters. In justifying the admission of 602 ballots containing the nickname "Beloy," this Court took into consideration certain proven facts, to wit: (a) that in his certificate of candidacy candidate Lloren stated that he was known by the nickname Beloy; (b) that Lloren distributed sample ballots containing only his nickname Beloy on the line for Municipal Mayor (c) that the ballots containing only his nickname represent 60% of the total number of votes received by Lloren; and (d) that no objection was interposed by the against the evidence presented by Lloren he was properly and commonly known by the nickname Beloy; and no other candidate for mayor bears the same nickname. T-4, T-11 and T-94) were improperly rejected and should be counted in favor of petitioner. One moose, two moose. Furthermore, [petitioner]'s mark is only registered with the Supplemental Registry which gives no right of exclusivity to the owner and cannot overturn the presumption of validity and exclusiv[ity] given to a registered mark. The US recognizes three official ways to protect intellectual property rights: 1) trademarks 2) patents and 3) copyrights. T-6) and "Ledesma" (Exh. The following authority supports this view: Protestee objects to these ballots as marked for the reason that certain name or names of candidates were written in printed form or writing, while the rest of the names were written in ordinary script. (Hilao v. Bernados, G.R. It avers that since the words gold and toe are generic, respondent has no right to their exclusive use. St. Rep. 191. Admittedly, the pronunciations of the two do not, by themselves, create confusion. 321), The aggravating circumstances of nighttime, G.R. If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. 764), Free exercise of religion = basis of tax exemption, G. R. No. Search for a definition or browse our legal glossaries. A glance at petitioner's mark shows that it definitely has a lot of similarities and in fact looks like a combination of the trademark and devices that respondent has already registered; namely, "Gold Toe," the representation of a sock with a magnifying glass, the "Gold Toe" representation and "linenized.". He contends that Jose de la Cruz was not a candidate for any office but was a registered voter in the precinct where this ballot was cast. G.R. No. 139300 - Lawphil
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