MIRPURI VS.

COURT OF
APPEALS
FACTS:
Lolita Escobar applied for the
registration of the trademark
‘Barbizon’ for her products
such as brassieres and ladies
undergarments. Respondent
Barbizon Corporation, an
American
corporation, opposed alleging
that petitioner’s mark is
confusingly similar to its own
trademark ‘Barbizon.’
Escobar’s application was given
due course and her trademark
was registered. Later, Escobar
assigned all her rights to
petitioner Mirpuri who failed to
file an
Affidavit of Use resulting in the
cancellation of the trademark.
Petitioner then applied for
registration of the trademark to
which respondent Barbizon
again opposed, now invoking
the protection under the Paris
Convention.
ISSUE:
Whether or not respondent may
invoke the protection under the
Paris Convention.
RULING:
Yes. The Philippines and the
United States are members of
the Paris Convention, thus
entitling them to the
international protection
provided therein relating to
protection of trademarks.