Mirpulure, the Bureau cancelled the certificate of registration.

Escobar reapplied and Mirpuri also applied and this

application was also opposed by private respondent in IPC No. 2049, claiming that it adopted said trademark in 1933
and has been using it. It obtained a certificate from the US Patent Office in 1934. Then in 1991, DTI cancelled
petitioners registration and declared private respondent the owner and prior user of the business name Barbizon
International.
ISSUE
Whether or not the treaty (Paris Convention) affords protection to a foreign corporation against a Philippine applicant
for the registration of a similar trademark.
HELD
The Court held in the affirmative. RA 8293 defines trademark as any visible sign capable of distinguishing goods. The
Paris Convention is a multilateral treaty that seeks to protect industrial property consisting of patents, utility models,
industrial designs, trademarks, service marks, trade names and indications ri vs CA, GR No. 114508, 19 November
1999, 318 SCRA 516
FACTS
Lolita Escobar applied with the Bureau of Patents for the registration of the trademark Barbizon, alleging that she
had been manufacturing and selling these products since 1970. private respondent Barbizon Corp opposed the
application in IPC No. 686. The Bureau granted the application and a certificate of registration was issued for the
trademark Barbizon. Escobar later assigned all her rights and interest over the trademark to petitioner Mirpuri. In
1979, Escobar failed to file with the Bureau the Affidavit of Use of the trademark. Due to his failure, the Bureau
cancelled the certificate of registration. Escobar reapplied and Mirpuri also applied and this application was also
opposed by private respondent in IPC No. 2049, claiming that it adopted said trademark in 1933 and has been using it.
It obtained a certificate from the US Patent Office in 1934. Then in 1991, DTI cancelled petitioners registration and
declared private respondent the owner and prior user of the business name Barbizon International.
ISSUE
Whether or not the treaty (Paris Convention) affords protection to a foreign corporation against a Philippine applicant
for the registration of a similar trademark.
HELD
The Court held in the affirmative. RA 8293 defines trademark as any visible sign capable of distinguishing goods. The
Paris Convention is a multilateral treaty that seeks to protect industrial property consisting of patents, utility models,
industrial designs, trademarks, service marks, trade names and indications of source or appellations of origin, and at
the same time aims to repress unfair competition. In short, foreign nationals are to be given the same treatment in each
of the member countries as that country makes available to its own citizens. Nationals of the various member nations
are thus assured of a certain minimum of international protection of their industrial property.