Phil Refining v, Ng Sam Digest

Phil. Refining Co. v. Ng Sam and Director of Patents G.R. No. L-26676, July
30, 1982
Facts of the Case: The petitioner Philippine Refining Co. first used'Camia' as trademark for its
products in 1922. In 1949, it caused the registration of the said trademark for its lard, butter,
cooking oil, detergents, polishing materials and soap products. In 1960, Ng Sam filed an
application for 'Camia' for its ham product (Class 47), alleging its first use in 1959. The petitioner
opposed the said application but the Patent Office allowed the registration of Ng Sam.

Issue: Is the product of Ng Sam (Ham) and those of the petitioner so related that the use
of the trademark 'Camia' on said goods would result to confusion as to their origin?

HELD: NO. The businesses of the parties are non-competitive and the products are so unrelated
that the use of the same trademark will not give rise to confusion nor cause damage to the
petitioner. The right to a trademark is a limited one, hence, others may use the same mark on
unrelated goods if no confusion would arise.

A trademark is designed to identify the user, hence, it should be so distinctive and sufficiently
original so as to enable those who see it to recognize instantly its source or origin. A trademark
must be affirmative and definite, significant and distinctive and capable of indicating origin.

'Camia' as a trademark is far from being distinctive, It in itself does not identify the petitioner as
the manufacturer of producer of the goods upon which said mark is used. If a mark is so
commonplace, it is apparent that it can't identify a particular business and he who adopted it first
cannot be injured by any subsequent appropriation or imitation by others and the public will not
be deceived.

Mere classification of the goods cannot serve as the decisive factor in the resolution of whether
or not the goods a related. Emphasis should be on the similarity of products involved and not on
arbitrary classification of general description of their properties or characteristics.