Defends exclusive right of Gandang Kalikasan to its trademark
Divina Gracia E. Pedron | Carlo B. Valerio | Ma. Julienne Ysabel T. Te | Ritz Angelica R. Alejandro
Gandang Kalikasan, Inc. (“Gandang Kalikasan”), represented by Cruz Marcelo & Tenefrancia, successfully opposed the trademark application for the mark “HUMAN BY NATURE” filed by Givaudan SA (“Givaudan”), a global leader in fragrance and beauty products.
In a Decision issued by the Bureau of Legal Affairs (“BLA”) of the Intellectual Property Office, the Adjudication Officer agreed with Gandang Kalikasan’s arguments that Givaudan’s “HUMAN BY NATURE” mark is confusingly similar to the former’s registered “HUMAN NATURE” marks. The BLA found that a side-by-side comparison of the two (2) marks would show that both bear the words “HUMAN” and “NATURE” with only minimal differences:
Moreover, both parties offer similar products despite being registered in different Nice classifications.
Thus, the BLA granted the opposition and rejected Givaudan’s trademark application. It also agreed with Gandang Kalikasan that it has continuously and notoriously used the mark “HUMAN NATURE” since 2008 and had the related marks registered since 2014.
Givaudan did not appeal the Decision of the BLA. Thus, the Decision is now final and executory.
If you wish to know more on how to successfully register and enforce your IP, you may reach out to:
Divina Gracia E. Pedron, Senior Partner
Email: [email protected]
Carlo B. Valerio, Senior Associate
Email: [email protected]
Mobile: 09176284971
Tel. No.: +632 8810 5858
Fax No.: +632 8810 3838