You are on page 1of 1

Ong Ai Gui vs Director of Patents

Facts: Ong Ai Gui alias Tan Ai Gui filed an application with theDirector of Patents
for the registration of the trade-name"20th Century Nylon Shirts
Factory." Described as "Generalmerchandise dealing principally in
textiles, haberdasheries;also operating as manufacturer of shirts, pants and
othermen's and woman's wears." The Director held that the words"shirts factory"
are not registrable; so the applicant made adisclaimer of said words (shirts factory)
inserting a statementto that effect in his original application. Director ordered
thepublication of the trade-name in the official Gazette.chPublication was made
but before the expiration of the periodfor filing opposition, Atty. J. A. Wolfson, on
behalf of E. I. DePont de Nemours and Company, presented an opposition onthe
ground that the word "nylon" was a name coined by E. I.Du Pont de Nemours and
Company as the generic name of asynthetic fabric material, invented,
patented, manufacturedand sold by it and that this word is a generic term. While
hedismissed the opposition, the Director ruled that theapplication must be
disapproved unless the word "nylon" isalso disclaimed.

Issue: Is "Nylon" a generic term?

Ruling: The Court ruled that used in connection with shirt-making, "Nylon" can
never become distinctive, can neveracquire secondary meaning, because it is
a generic term, likecotton, silk, linen, or ramie. Just as no length of use and
noamount of advertising will make "cotton," "silk," "linen," or"ramie," distinctive
of shirts or of the business of makingthem, so no length of use and no amount of
advertising willmake "nylon" distinctive of shirts or of the business
of manufacturing them."