11. Berris Agricultural Co., Inc. Vs. Norvy Abyadang G.R. No.

183404, 13 October 2010)

Abyadang filed a trademark application with the IPO for the

mark "NS D-10 PLUS" for use in connection with Fungicide.
Berris Agricultural Co., Inc. filed an opposition against the
trademark citing that it is confusingly similar with their
trademark, "D-10 80 WP" which is also used for Fungicide also
with the same active ingredient.

The IPO ruled in favor of Berries but on appeal with the CA,
the CA ruled in favor of Abyadang.

ISSUE: Whether there is confusing similarity between the

trademarks.

RULING:

Yes. The SC found that both products have the component D-

10 as their ingredient and that it is the dominant feature in
both their marks. Applying the Dominancy Test, Abyadang's
product is similar to Berris' and that confusion may likely to
occur especially that both in the same type of goods. Also
using the Holistic Test, it was more obvious that there is
likelihood of confusion in their packaging and color schemes
of the marks. The SC states that buyers would think that
Abyadang's product is an upgrade of Berris'.