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    Romero v. Maiden Form Brassiere Co.

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    Determinedlawstudent Futurelawyer
    The Director of Patents dismissed a petition to cancel the registration of the trademark "Adagio" for brassieres manufactured by Maiden Form Brassiere Co. The petitioner, Romero, argued that "Adagio" was a common descriptive name and had been used by both companies for 6 years. However, the court found that "Adagio" is a musical term used in an arbitrary, fanciful sense for brassieres, not as a common descriptive name, so it is registrable as a trademark.

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    Romero v. Maiden Form Brassiere Co.

    Uploaded by

    Determinedlawstudent Futurelawyer
    104 views1 page
    The Director of Patents dismissed a petition to cancel the registration of the trademark "Adagio" for brassieres manufactured by Maiden Form Brassiere Co. The petitioner, Romero, argued that "Adagio" was a common descriptive name and had been used by both companies for 6 years. However, the court found that "Adagio" is a musical term used in an arbitrary, fanciful sense for brassieres, not as a common descriptive name, so it is registrable as a trademark.

    Original Title

    7. Romero v. Maiden Form Brassiere Co.

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    The Director of Patents dismissed a petition to cancel the registration of the trademark "Adagio" for brassieres manufactured by Maiden Form Brassiere Co. The petitioner, Romero, argued that "Adagio" was a common descriptive name and had been used by both companies for 6 years. However, the court found that "Adagio" is a musical term used in an arbitrary, fanciful sense for brassieres, not as a common descriptive name, so it is registrable as a trademark.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views1 page

    Romero v. Maiden Form Brassiere Co.

    Uploaded by

    Determinedlawstudent Futurelawyer
    The Director of Patents dismissed a petition to cancel the registration of the trademark "Adagio" for brassieres manufactured by Maiden Form Brassiere Co. The petitioner, Romero, argued that "Adagio" was a common descriptive name and had been used by both companies for 6 years. However, the court found that "Adagio" is a musical term used in an arbitrary, fanciful sense for brassieres, not as a common descriptive name, so it is registrable as a trademark.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    7. Romero vs. Maiden Form Brassiere Co., Inc., No.

    L-18289, March 31, 1964

    Facts:

    Respondent Maiden Form Brassiere Co., Inc., a foreign corporation, filed Director
    of Patents an application for registration of the trademark "Adagio" for the brassieres
    manufactured by it. It alleged that said trademark was first used by it in the United
    States and then in the Philippines; that it had been continuously used by it in trade in, or
    with the Philippines for over 30 years; that said trademark "is on the date of this
    application, actually used by respondent company.

    The Director approved for publication in the Official Gazette said trademark of
    respondent company, in accordance with Section 7 of Republic Act No. 166 (Trademark
    Law.

    Petitioner Romero filed with the Director a petition for cancellation of said
    trademark, on the grounds that it is a common descriptive name of an article or
    substance on which the patent has expired. Petitioner also alleged that said trademark
    has not become distinctive of respondent company's goods or business; that it has been
    used by respondent company to classify the goods (the brassieres) manufactured by it,
    in the same manner as petitioner uses the same; that said trademark has been used by
    petitioner for almost 6 years; that it has become a common descriptive name.

    Director of Patents dismissed the petition for cancellation of the registration of the
    trademark "Adagio". Petitioner’s motion for reconsideration was denied. Hence, this
    appeal.

    Issue:

    Whether or not "Adagio" is a common descriptive name of a particular style of


    brassiere and is, therefore, not registrable trademark.

    Held:

    The trademark "Adagio" is a musical term, which means slowly or in an easy


    manner, and when applied to brassieres is used in an arbitrary (fanciful) sense, not
    being a common descriptive name of a particular style of brassieres, and is therefore
    registrable.

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