Intellectual Property Office of the Philippines by liaoqinmei

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									                                  INTELLECTUAL PROPERTY
                                  PHI L IP PI N E S


ALMIRALL-PRODESFARMA, S.A.               }    IPC NO. 14-2006-00114
     Opposer,                            }
                                         }    Opposition to :
       -versus-                          }    App. Ser. No. : 4-2005-001399
                                         }    Filed         : 14 February 2005
DAINIPPON SUMITOMO                       }
PHARMA CO., LTD.,                        }    Trademark        : "ALMARL"
     Respondent-Applicant.               }
x----------------------------------------x

                                JUDGMENT
                     BASED ON COMPROMISE AGREEMENT

      For this Bureau's consideration is the parties' Joint Motion to Dismiss based
on Compromise Agreement executed on July 2, 2007 and filed on July 4, 2007.

       The Compromise Agreement executed by and between Opposer, ALMIRALL-
PRODESFARMA, SA, hereinafter referred to as FIRST PARTY and Respondent-
Applicant DAINIPPON SUMITOMO PHARMA CO., LTD., hereinafter referred to as
SECOND PARTY, contain among others, the following terms and conditions:

             1. The SECOND PARTY shall limit the registration and use of
       its mark ALMARL strictly to the goods "PHARMACEUTICAL
       PREPARATIONS FOR HUMAN USE, NAMELY, THERAPEUTIC AG~NTS
       FOR HYPERTENSION, THERAPEUTIC AGENTS FOR ANGINA
       PECTORIS, THERAPEUTIC AGENTS FOR ARRYTHMIA, THERAPEUTIC
       AGENTS FOR ESSENTIAL TREMOR AND CARDIOVASCULAR AGENTS.

               2. The SECOND PARTY will not apply for the registration of
       the mark except for the goods "PHARMACEUTICAL PREPARATIONS
       FOR HUMAN USE, NAMELY, THERAPEUTIC AGENTS FOR
       HYPERTENSION, THERAPEUTIC AGENTS FOR ANGINA PECTORIS,
       THERAPEUTIC AGENTS FOR ARRHYTMIA, THERAPEUTIC AGENTS
       FOR ESSENTIAL TREMOR AND CARDIOVASCULAR AGENTS."
       However, if the SECOND PARTY wishes to re-apply for the
       registration of the mark covering the said goods, the FIRST PARTY
       undertakes not to object to such registration.

               3. The SECOND PARTY shall not contest or oppose in any
       way the FIRST PARTY'S ALMIRALL and ALMAX marks presently
       filed and registered in the Philippine Intellectual Property Office as
       well any new applications to re-register those marks or apPlication r
       for any variation thereof to be filed in the future, including the
       following:




                                 Republic of the Philippines                               /,,, ..\
                                                                                         I ~/
                         INTELLECTUAL PROPERTY OFFICE
         351 Sen. Gil Puyat Ave., Makati City 1200 Philippines- www.ipophil.gov.ph
   Telephone : +632-7525450 to 65 • Facsimile: +632-8904862 • email: mail@ipophil.gov.ph
#   Application   Registration   Trademark     Applicant/Registrant   NICE/CLASS   STATUS
1   42003009920   42003009920    ALMAX         ALMIRALL               05           Registered
                                               PRODESFARMA, S.A.
2   42006011958                  ALMAX         ALMIRALL               05           Pending
                                               PRODESFARMA, S.A                    Application
3   42003000803   42003000803    ALMIRALL      ALMIRALL               05 35 42     Registered
                                               PRODESFARMA, S.A
4   42003000802   42003000802    ALMIRAL &0    ALMIRALL               05 35 42     Registered
                                 DEVICE        PRODESFARMA, S.A
5   42000001993                  ALMIRALL      ALMIRALL               05 35        Pending
                                 PRODESFARMA   PRODESFARMA, S.A                    Application
                                 AND DEVICE




               4. The SECOND PARTY undertakes to cooperate with the
       FIRST PARTY in the enforcement of all the covenants herein set
       forth, as well as any matter incidental thereto.

              5. As a result of this AGREEMENT, which is free from fraud,
       misrepresentation or coercion, the FIRST PARTY hereby undertakes
       to withdraw the instant Opposition.

              6. Any breach of this AGREEMENT shall allow the offended
       party to institute a case for damages against the offending party,
       and to avail of all other legal remedies to protect its intellectual
       property rights.

               7. This AGREEMENT shall be binding between the parties,
       their directors, officers, agents, successors and assignees.

              8. Simultaneous with the full compliance by the parties, both
       the parties herein mutually release and discharge one another from
       any and all claims or causes of action incident to or arising from the
       above-mentioned subject, it being clearly understood that
       compliance with the mutual covenants herein constitute the full, final
       and complete settlement of all claims, demands and causes of action
       between the parties herein;

                9. Nothing herein shall be construed as an admission of
       liability whatsoever on the part of the SECOND PARTY;

              10. The exclusive venue of any action arising from the
       implementation and interpretation of this co-existence agreement is
       Makati City, Philippines.

        WHEREFORE, finding the parties' Compromise Agreement to have been duly
executed and signed by the parties and the terms and conditions thereof to be in
consonance with law, morals, good customs, public policy or public order, the same
is hereby APPROVED. Accordingly, Application Serial No. 4-2005-001399 filed by
Respondent-Applicant DAINIPPON SUMITOMO PHARMA CO., LTD" on February 14,
2005 for the registration of the trademark "ALMARL" is GIVEN DUE COURSE
subject to the terms and conditions of the compromise Agreement. Consequently,
the parties are hereby enjoined to faithfully comply with the terms and" " : :    0
the Compromise Agreement, failure of which shall be cause for the erring party to be
cited for indirect contempt after proper charge and hearing.


                                                                                    2~
       Let the filewrapper of the trademark "ALMARL" subject matter under
consideration together with a copy of this Decision be forwarded to the Bureau of
Trademarks (BOT) for appropriate action.

       SO ORDERED.

       Makati City, July 24, 2007.




                                          UTA BELTRAN-ABELARDO
                                          or, Bureau of Legal Affairs




                                                                               3    CuJ

								
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