26/04/2026
The (SC) has ruled that ISCO Holding Corporation (ISCO) cannot register its “𝐍𝐈𝐊𝐎𝐍 & 𝐃𝐄𝐒𝐈𝐆𝐍” mark as it constitutes Nikon Corporation’s trade name and is confusingly similar to the well-known “𝐍𝐈𝐊𝐎𝐍” trademark of the said corporation.
In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division denied ISCO’s petition and affirmed the ruling of the Court of Appeals (CA), which rejected ISCO’s trademark application.
ISCO filed an application for a trademark for its home and household goods containing the design of an anchor enclosed in a circle with the word “𝐍𝐈𝐊𝐎𝐍”.
Nikon Corp., a foreign corporation and prior registrant and user of the “𝐍𝐈𝐊𝐎𝐍” mark in the Philippines, opposed the application, arguing that ISCO’s mark is confusingly similar to its own mark.
The Intellectual Property Office–Bureau of Legal Affairs (IPO‑BLA) agreed with Nikon Corp. and denied ISCO’s application. Although the IPO Office of the Director General later reversed this ruling, the CA reinstated the IPO-BLA’s decision, prompting ISCO to elevate the case to the SC.
ISCO claimed that its goods are unrelated to Nikon Corp.’s and that differences, such as the image of an anchor enclosed in a circle and the color scheme, prevent consumer confusion.
The SC upheld the CA’s ruling and held that ISCO’s mark cannot be registered. It explained that trademarks are used to identify and distinguish goods or services. Under Section 147 of the 𝘐𝘯𝘵𝘦𝘭𝘭𝘦𝘤𝘵𝘶𝘢𝘭 𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘊𝘰𝘥𝘦, one of the rights of a trademark owner is to exclude others from using their trademark in a way that would confuse consumers and cause financial harm to the owner.
If a well‑known trademark is registered in the Philippines, no other party may register an identical or confusingly similar mark—even if the goods are different.
In this case, the SC found that Nikon Corp.’s trademark is well‑known. The NIKON mark has long been used, promoted, and registered worldwide, including in the Philippines, with the company enjoying significant global sales and market presence.
The SC also found NIKON to be a highly distinctive trademark. It is a coined or invented word with no ordinary meaning in English or Filipino and is not commonly used in the Philippines except as a trademark.
Analyzing the two marks, the SC found that ISCO’s trademark is confusingly similar to NIKON’s. It applied the 𝐃𝐨𝐦𝐢𝐧𝐚𝐧𝐜𝐲 𝐓𝐞𝐬𝐭, which focuses on the most noticeable and memorable part of the marks. Minor differences in design, color, or layout are disregarded.
Both ISCO’s and Nikon Corp.’s marks prominently use the word “𝐍𝐈𝐊𝐎𝐍.” This word is the dominant feature of both marks. They are spelled the same, appear in bold capital letters, and sound exactly the same when pronounced. Because of this, the SC ruled that the two marks create the same visual and auditory impression.
The SC explained that if ISCO were allowed to use its NIKON mark, consumers would likely assume a connection with Nikon Corp. Given its reputation for cameras, the public might believe that ISCO’s household appliances are made, approved, or endorsed by Nikon Corp., or that it has expanded into household products.
The SC also warned that ISCO’s use of the NIKON mark would damage Nikon Corp.’s interests because it would weaken its mark’s ability to uniquely identify a single source of goods. The law protects famous trademarks from such uses to prevent the blurring of their distinctiveness and to preserve their value and reputation.
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=164274
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=164266
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