Gloria Maris Shark’s Fin Restaurant, Inc. Reclaims Trademark from Pacifico Q. Lim
Carlo B. Valerio | Alexander James B. Tan
The Supreme Court recently ruled in favor of Gloria Maris Shark’s Fin Restaurant, Inc. (Gloria Maris) and ordered the cancellation of three “GLORIA MARIS” trademark registrations which were registered in bad faith by Pacifico Q. Lim, an incorporator of the corporation.
In its Decision, the Court found that Lim, as an incorporator and former director of Gloria Maris, cannot deny knowledge of the company’s use and ownership of the “GLORIA MARIS” name, which made Lim a trademark registrant in bad faith. Moreover, Gloria Maris was able to establish that it has been using the “GLORIA MARIS” name and mark for more than a decade before Lim registered the marks.
Bad faith in the context of trademark registration means that the applicant or registrant has knowledge of prior creation, use, and/or registration by another of an identical or similar trademark. The Supreme Court emphasized that when a party registers a trademark with prior knowledge of another party’s use of the same or a similar mark, such an act constitutes unfair competition and is considered a violation of intellectual property rights.
The Court also ruled that registering a trademark in bad faith constitutes unfair competition under the Intellectual Property Code.
This recent Decision reinforces the principle that trademarks registered in bad faith can be invalidated, particularly when the applicant has prior knowledge of the rightful owner’s use of the mark.
The Supreme Court Decision may be accessed using this link.