CASE DIGEST: La Yebana vs. Alhambra Cigar

LA YEBANA COMPANY, INC. vs. ALHAMBRA CIGAR and CIGARETTE MANUFACTURING CO., ET AL. 

G.R. No. 34497, September 12, 1931

FACTS:

            On October 6, 1904, a label forming the wrapper for cigarette packages and containing the words "Alhambra 25 Chorritos" was registered with the Government by the Alhambra Fabrica de Tabacos, Cigarrillos y Picadura of Manila, P.I. On February 23, 1922, another label forming the wrapper for cigarette packages and containing the words "20 Chorritos de Gamu" was registered by Enrique Ga. Caruana. On March 3, 1925, La Yebana Company, Inc., secured the registration of a trade-mark as La Yebana Chorritos. On August 21, 1928, the Alhambra Cigar and Cigarette Mfg. Company, the successor of the Alhambra Fabrica de Tabacos, Cigarrillos y Picadura, presented to the Bureau of Commerce and Industry an application to register a trade-mark consisting of the words "Alhambra Chorritos" with a design for cigarettes. La Yebana Company filed an opposition to this application. Thereupon, the chief of the Bureau of Commerce and Industry decided to accept the application of the Alhambra Cigar and Cigarette Mfg. Company and to overrule the opposition thereto.

ISSUE:

            Is there any infringement of the right of La Yebana when the Bureau of Commerce and Industry granted the registration made by Alhambra when it registered a trade-mark having the word Chorritos in it?

HELD:

            The registration of the trade-mark of the appellee does not constitute an infringement of appellant's trade-mark. The word "Chorritos" has come to be a local name given to a special kind of cigarettes the tobacco of which is rolled in sweetened black paper.