Weave Pattern; Trade Mark

https://www.theiplawblog.com/2013/10/articles/copyright-law/weaving-a-trademark/  

Often times, the aesthetically functional aspect of the product is the primary reason for its commercial success and it would not be fair to allow a company or person a monopoly over that feature. xxx Bottega Veneta argued that even if their weave design was merely ornamental, it had acquired distinctiveness as a mark which would overturn a finding of ornamentation. A mark acquires distinctiveness if it is used and promoted extensively, to the point where consumers now directly associate the mark with the applicant as the source of those goods. Acceptable evidence of distinctiveness can include (a) advertising and promotional materials that specifically show or promote the applied-for mark in use as a trademark and source-identifier; (b) dollar figures for advertising devoted to such promotion; (c) dealer and consumer statements indicating recognition of the applied-for mark as a trademark; or (d) other evidence that shows consumer recognition of the applied-for mark as a trademark for applicant's goods. 

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Probate of Will; Substantial Compliance; Number of Pages

Mere reading and observation of the will, without resorting to other extrinsic evidence, yields the conclusion that there are actually five (5) pages even if the said information was not provided in the attestation clause. In any case, the CA declared that there was substantial compliance with the directives of Article 805 of the Civil Code.

When the number of pages was provided in the acknowledgement portion instead of the attestation clause, "[t]he spirit behind the law was served though the letter was not. Although there should be strict compliance with the substantial requirements of the law in order to insure the authenticity of the will, the formal imperfections should be brushed aside when they do not affect its  purpose and which, when taken into account, may only defeat the testator's will."

In the matter of the petition for the probate of the will of Consuelo Santiago Garcia Vs. Natividad Garcia Santos

G.R. No. 204793. June 8, 2020

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Probate of Will; Testacy Over Intestacy

It is settled that "the law favors testacy over intestacy" and hence, "the probate of the will cannot be dispensed with Article 838 of the Civil Code provides that no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. Thus, unless the will is probated, the right of a person to dispose of his property may be rendered nugatory." In a similar way, "testaye proceedings for the settlement of the estate of the decedent take precedence over intestate proceedings for the same purpose."

In the matter of the petition for the probate of the will of Consuelo Santiago Garcia Vs. Natividad Garcia Santos G.R. No. 204793. June 8, 2020

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