Jollibee loses trademark case against Jolliville

THE INTELLECTUAL Property Office of the Philippines (IPOPHIL) has junked Jollibee Foods Corp.’s trademark case against listed property firm Jolliville Holdings, Corp., saying the names of both companies are not “confusingly similar.”

In a statement issued on Tuesday, IPOPHIL Director General Josephine Santiago said they have reversed the 2014 decision of the agency’s Bureau of Legal Affairs (BLA), effectively granting Jolliville’s appeal for the registration of its corporate name.

“The decision of the BLA director [in September 2014] is incorrect and the appeal is meritorious. The appellant’s [Jolliville] mark is not confusingly similar to appellee’s [Jollibee] marks... There is no ground to prohibit the registration of Jolliville in the name of the appellant,” IPOPHIL said in its 11-page decision dated June 8.

The homegrown fastfood giant filed a notice of opposition against Jolliville in January 2013, after the latter filed for the registration of its corporate name and logo featuring the word “Jolliville.”

IPOPHIL’s decision in favor Jollibee in September 2014 then prompted Jolliville to file an appeal.

The property firm explained that its name was derived from the name of the company’s founder, Jolly L. Ting, appended to the suffix “ville” to suggest the nature of its real estate affairs and leasing business. It also presented certificates of registration to the Securities and Exchange Commission, showing that Mr. Ting had been using the “Jolli” prefix in her businesses since the mid-80s.

IPOPHIL further noted that Jollibee failed to present evidence showing its registered trademarks had been damaged or are likely to be damaged by the registration of Jolliville.

“While appellee [ Jollibee] was making it big in the food service business, so was Mr. Jolly L. Ting in the night entertainment business,” the decision read.

Mr. Ting is the owner of night entertainment businesses spread out across Metro Manila, namely Pegasus, Discovery, Mega, Heartbeat, and Lexus.

In 1986, Mr. Ting forayed into the real estate business with Jolliville Realty and Development Co. Inc. The corporate regulator then approved the corporate name change in April 1999 to its present name.

Aside from its property business, Jolliville and its subsidiaries are also engaged in local waterworks system, business process outsourcing and power generation.

Shares in Jollibee gained P1.80 or 0.87% to P208 each, while Jolliville stocks accelerated by 2.67% or 16 centavos to close at P6.16 each at the Philippine Stock Exchange on Tuesday. —