. No. 8 . In the absence of evidence aliunde that the aforementioned names of non-candidates were intended for purposes of identification, the same shall be considered a stray votes which shall not invalidate the whole ballot (Par. Jun 16, 1965 (121 Phil. It is a well settled rule in election contests that the marks which shall be considered sufficient to invalidate the ballot are those which the voter himself deliberately replaced on his ballot for the purpose of identifying it thereafter (Valenzuela v. Carlos and Lopez de Jesus, 42 Phil., 428). At the June 1985 trial, Orr fn. Patents apply to inventions and innovations, while copyrights apply to creative works. We believe, however that the Lloren case was an exception to the general rule that in isolated ballots where a nickname only is written, without being accompanied by the name or surname of the candidate, should not be given effect in accordance with paragraph 9, Section 149, in connection with Section 34 of the Revised Election Code, which expressly provides that "certificates of candidacy shall not contain nickname of candidates." 8293, otherwise known as the Intellectual Property Code of the Philippines ("IP Code"), defines a trademark as any visible sign capable of distinguishing the goods or services of an enterprise. Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. Thus, applicable is the Union Convention for the Protection of Industrial Property adopted in Paris on March 20, 1883, otherwise known as the Paris Convention, of which the Philippines and the United States are members. 321), The aggravating circumstances of nighttime, G.R. On the other hand, if there is a minor difference in spelling or an idem sonans, the error is not fatal, but only if it is not seriously misleading. But the doctrine of idem sonans has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the opposite party to his prejudice. - The application for the registration of a mark or trade-name shall be in English or Spanish, or in the national language, with its corresponding English translation, and signed by the applicant, and shall include: (a) Sworn statement of the applicant's domicile and citizenship, the date of the applicant's first use of the mark or trade-name, the date of the applicant's first use of the mark or trade-name in commerce or business, the goods, business or services in connection with which the mark or trade-name is used and the mode or manner in which the mark is used in connection with such goods, business or services, and that the person making the application believes himself, or the firm, corporation or association on whose behalf he makes the verification, to be the owner of the mark or trade-name sought to be registered, that the mark or trade-name is in use in commerce or business, and that to the best of his knowledge, no person, firm, corporation or association has the right to use such mark or trade-name in commerce or business either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive.
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