THE food and beverage unit of San Miguel Corp. has reached a compromise with a trading company covering 12 trademark disputes and concerns, the first successful settlement made under the Mediation Outside Litigation (MOL) services of the Intellectual Property Office of the Philippines (IPOPHL).
In a statement, IPOPHL said San Miguel Food and Beverage Inc. (SMFB) and Gold Label Resources Inc. (GLRI) on September 30 signed the compromise agreement on two cases that were under appeal, four as inter-partes cases and six lodged under the MOL.
IPOPHL said the dispute stemmed from SMFB’s concerns over GLRI’s use of the former’s registered trademark GOLD LABEL, alleging that their uses were similarly confusing.
Under Section 123 of the Intellectual Property Code of 1997, a trademark is not registrable if it nearly resembles an existing registered mark, such that it is likely to deceive or cause confusion. IPOPHL said the parties agreed to first take the MOL and mediation tracks to expedite the resolution of their six pending cases.
Rowel Barba, director-general of IPOPHL, noted the benefits of mediation in resolving disputes.
“It paves the way for healthier relationships, encourages open communication and ultimately contributes to a culture of collaboration. In a time when division seems all too prevalent, this achievement reminds us of our capacity to bridge divides and work together for a better future,” Barba said.
IPOPHL’s Bureau of Legal Affairs (BLA) is encouraging others to promote mediation as a first step in conflict resolution.
The MOL is a service offered by the BLA’s Alternative Dispute Resolution Services Division. At present, agreements settled under the MOL are enforceable and legally binding.
In this case, the terms of the settlement were not disclosed.