NextGen Day

MANILA – The Court of Appeals (CA) threw down a claim of a popular clothing firm that challenged the registration of a trademark of a health supplement producer.

In a resolution promulgated on June 7, the CA refused the petition brought by Suyen Corporation, owner of Bench, against Justine James Pitt, who sought the registration of “B Organics” in March 2017.

The appellate court affirmed the Dec. 23, 2019 ruling of the Intellectual Property Office (IPO), dismissing the argument by the Bench that B Organic’s marks were identical and confusingly similar to its own.

Bench, which uses the stylized “B” mark, stated the B Organics trademark created confusion and was likely to deceive and mislead the public as to the origin of “B Organics”.

Suyen Corporation said shoppers may identify B Organics with Bench because of its similar branding.

Deciding otherwise, the IPO ruled out the misunderstanding between the two, saying the “B” mark is so prevalent and “no confusion was expected to occur, despite its simultaneous usage by the petitioner (Bench) and the respondent (B Organics)”.

Likewise ruling against Bench, the CA noted there was no evidence that B Organics applied for the mark in bad faith and that “the items covered by the B Organics mark does not come within the typical possible growth of the business or product offerings of the petitioner”.

The bench is recognized for its garments and accessories but has also moved out to the Bench Organics skincare line while B Organics carries food goods.

After a comprehensive assessment of the marks, the CA did not find “predominantly striking similarities in the competing marks of the petitioner and the respondent,” the judgment concluded.

“All told, we decide that the respondent is not liable for trademark infringement or unfair competition,” the CA said.

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