06/06/2026
The has ruled that similarities in trademark or logo designs that may confuse purchasers prevent the registration of later marks, even if new words are added.
In a Decision written by Associate Justice Ramon Paul L. Hernando, the SCโs First Division granted Starwood Hotels & Resorts Worldwide, LLCโs (Starwood) consolidated petitions and reversed the Court of Appealsโ (CA) rulings allowing the registration of Oceanic Empire Limitedโs (Oceanic) marks.
Oceanic filed to register the trademarks โ๐ ๐๐๐๐๐๐๐๐๐๐๐๐โ and โ๐ ๐
๐๐
๐๐ ๐๐๐๐๐๐โ and had earlier secured registration for โ๐ ๐๐๐๐๐.โ
Starwood, owner of several registered "๐โ trademarks for hotels and entertainment services, opposed the applications and sought the cancellation of the โ๐ ๐๐๐๐๐,โ arguing that Oceanicโs marks were confusingly similar to its trademarks.
Starwood argued that Oceanic would benefit from the popularity and reputation of its brand and that this would mislead the public into believing that Oceanicโs business was connected with Starwood.
Ruling in favor of Starwood, the SC explained that trademark protection prevents confusion of goods and businesses, and that only the likelihood, not actual proof, of confusion is required. Each case must be assessed based on the resemblance of the marks and the relatedness of the services.
Under the ๐๐ผ๐บ๐ถ๐ป๐ฎ๐ป๐ฐ๐ ๐ง๐ฒ๐๐, emphasis is placed on the dominant or most striking features of the marks rather than on minor differences.
In this case, the SC ruled that "๐" is the dominant feature of both Starwoodโs and Oceanicโs marks. While Starwoodโs "๐" is registered as a word mark, the Court clarified that Starwood cannot claim the letter "๐," but only its distinct stylized version.
The Court stressed that purchasers would immediately notice the similarity between the partiesโ "๐" marks. It held that minor textual differences do not change the fact that both use the same style, which looks visually similar.
The SC thus directed the Director of the Bureau of Trademarks to deny Oceanicโs application for registration of trademark, and to grant Starwoodโs petition for cancellation of the โ๐ ๐๐๐๐๐โ mark.
Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166975.
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=164983.
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