KENSONIC, INC. vs.

UNI-LINE MULTI-RESOURCES, INC

G.R. Nos. 211820-21, June 06, 2018

Bersamin, J.:

FACTS:
On June 6, 2002, Uni-Line filed an application for the registration of the trademark SAKURA for
use on the following:
Class 07
Washing machines, high pressure washers, vacuum cleaners, floor polishers, blender,
electric mixer, electrical juicer

Class 09
Television sets, stereo components, DVD/VCD players, voltage regulators, portable
generators, switch breakers, fuse

Class 11
Refrigerators, air conditioners, oven toaster, turbo broiler, rice cooker, microwave oven,
coffee maker, sandwich/waffle maker, electric stove, electric fan, hot & cold water
dispenser, airpot, electric griller and electric hot pot

Kensonic opposed Uni-Line's application on the ground that the latter had prior use and
registration of the SAKURA mark since October 1994.

The BLA Director dropped Uni-Line's endorsement of enrollment for the imprints were
confusingly comparable with one another; that the merchandise tried to be secured by the
SAKURA enlistment of Uni-Line were identified with the products of Kensonic under Class 09
merchandise (to be specific: enhancers, speakers, tape circles, video tape plates, vehicle sound
systems, TVs, advanced video circles, small segments, cassette players, minimal circle chargers,
VHS and tape rewinders). Thus, request to the Director General, IPO.

Chief General of the IPO decided for Uni-Line's enrollment of the SAKURA mark as to
products named Class 07 and Class 11, yet denied its enlistment under class 09. The enrollment of
results of Uni-Line falling under Class 07 and Class 11 ought not to be dropped in light of the fact
that the items were not the same as the merchandise enlisted under Class 09 for the sake of
Kensonic. Henceforth, request to CA by the two gatherings.

The CA maintained Kensonic's responsibility for SAKURA imprint dependent on its

appearing of its utilization of the imprint since 1994, however decided that notwithstanding the
vague characteristics of Kensonic and Uni-Line, Kensonic's products under Class 09 were not the
same as or disconnected to Uni-Line's merchandise under Class 07 and Class 11. It saw that the
insurance of the law in regards to the SAKURA imprint could just reach out to TVs, stereo
segments, DVD and VCD players however not to Uni-Line's voltage controllers, compact
generators, switch breakers and circuits because of such merchandise being disconnected to
Kensonic's merchandise; that Kensonic's enrollment just secured electronic sound video items, not
electrical home machines; and that the comparability of the imprints would not confound the open
in light of the fact that the items were unique and random. Henceforth, Kensonic bid to SC.

ISSUES:
First Issue: Is the SAKURA mark capable of appropriation?
Second Issue: Are Kensonic's goods falling under Class 09 related to UniLine's goods
falling under Class 07 and Class 11?

RULING:
First Issue
Yes. The SAKURA imprint can be appropriated. A word or a blend of words which is just
engaging of an article of exchange, or of its creation, attributes, or characteristics, can't be
appropriated and ensured as a trademark to the avoidance of its utilization by others. Despite the
fact that SAKURA alludes to the Japanese blossoming cherry and is, in this manner, of a
conventional sort, such imprint did not recognize Kensonic's merchandise. Kensonic's earlier
utilization of the imprint "SAKURA" since 1994 made it the proprietor of the imprint, and its
possession can't any longer be tested.

Second Issue
No. An assessment of the prior elements uncovers that the merchandise of Uni-Line were
not identified with the products of Kensonic by temperance of their disparities in class, the graphic
qualities, the reasons and the states of the products.