9/9/21, 1:18 PM PHILIPPINE REPORTS ANNOTATED VOLUME 099

[No. L-8004. May 30, 1956]

ANCHOR TRADING Co., INC., petitioner, vs. THE

DIRECTOR OF PATENTS and KUA LIAN HAM,
respondents.

Appeal from the decision of the Director of Patents ordering

the cancellation of Certificate of Registration No. 3739
issued in favor of petitioner for the use of the trademark
in question. The principal legal issue here is whether or
not the failure of respondent-appellee to register his
opposition to the petition for registration in due time
estops him from asking for the cancellation of the
certificate of registration issued in favor of petitioner-
appellant. The issue should be resolved in the negative.
The only consequence resulting from a late filing of an
opposition to any application for registration of
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a trademark is the oppositor's relinquishment of the

privilege given to him by laws to object to such registration,
but such cannot prevent him from asking later for its
cancellation when in his opinion there are good grounds
justifying it (Section 17, Republic Act No. 166).
Judgment appealed from affirmed, wthout pronouncement
as to costs. Bautista Angelo, J., ponente.

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