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UFC vs. BARRIO FIESTA, G.R. No. 198889, January 20, 2016
Posted Posted on: October 26th, 2017 by admin No Comments
INTERVENTION IS A
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PARTIES TO THE SUIT BUT
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HOWEVER, THERE MUST BE
ACTUAL USE AFTER
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GROUNDS FOR PRELIMINARY
ATTACHMENT: November 21, Barrio Fiesta filed an application with the IPO for the mark “PAPA BOY & DEVICE” for
2017

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DUTY October 26, 2017
UFC vs. BARRIO FIESTA, G.R.
No. 198889, January 20, 2016
October 26, 2017
PRE-TRIAL IS MANDATORY IN
CHARACTER: October 20, 2017
DUE PROCESS IS ALSO
REQUIRED IN DEMOTIONS
Barrio Fiesta filed an application with the IPO for the mark “PAPA BOY & DEVICE” for
“lechon sauce.” UFC opposed the application. It contended that “PAPA BOY & DEVICE” is
confusingly similar with its “PAPA” marks and its variations inasmuch as the former
incorporates the term “PAPA,” which is the dominant feature of petitioner’s “PAPA” marks. UFC
averred that the use of “PAPA BOY & DEVICE” mark for lechon sauce product, if allowed,
would likely lead the consuming public to believe that said lechon sauce product originates from
or is authorized by UFC, and that the “PAPA BOY & DEVICE” mark is a variation or derivative
of UFC’s “PAPA” marks. UFC argued that this was especially true considering that UFC’s
ketchup product and Barrio Fiesta’s lechon sauce product are related articles.
The IPO denied the application as it is confusingly similar to the mark of UFC. Is the IPO
correct?
Yes.
Barrio Fiesta’s mark cannot be registered. The mark is related to a product, lechon sauce, an
everyday all-purpose condiment and sauce, that is not subjected to great scrutiny and care by the
casual purchaser, who knows from regular visits to the grocery store under what aisle to find it,
in which bottle it is contained, and approximately how much it costs. Since UFC’s product,
catsup, is also a household product found on the same grocery aisle, in similar packaging, the
public could think that UFC had expanded its product mix to include lechon sauce, and that the
“PAPA BOY” lechon sauce is now part of the “PAPA” family of sauces, which is not unlikely
considering the nature of business that UFC is in. Thus, if allowed registration, confusion of
business may set in, and UFC’s hard-earned goodwill may be associated to the newer product
introduced by Barrio Fiesta, all because of the use of the dominant feature of UFC’s mark on
Barrio Fiesta’s mark, which is the word “PAPA.” The words “Barrio Fiesta” are not included in
the mark, and although printed on the label of Barrio Fiesta’s lechon sauce packaging, still do not
remove the impression that “PAPA BOY” is a product owned by the manufacturer of “PAPA”
catsup, by virtue of the use of the dominant feature. It is possible that UFC could expand its
business to include lechon sauce, and that would be well within UFC’s rights, but the existence
of a “PAPA BOY” lechon sauce would already eliminate this possibility and deprive UFC of its
rights as an owner of a valid mark included in the Intellectual Property Code.
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