CHUA CHE, Petitioner, vs. PHILIPPINES PATENT OFFICE and SY TUO, Respondents.

Facts of the Case:

April 21, 1951, Oppositor SY TUO registered trademark "X-7" covered by Certificate of Registration No.
5,000.

July 31, 1952, Oppositor SY TUO has prior use of the trademark "X-7" as he has been using it extensively and
continuously.

June 10, 1957, petitioner, Chua Che, allegedly used his trademark.

October 30, 1958, petitioner, Chua Che presented with the Philippines Patent Office a petition praying for the
registration in his favor the trade name "X-7".

July 6, 1959, an Examiner of the Department of Commerce and Industry, submitted a report recommending the
allowance of the application, which report was approved by the Supervising TM Examiner.

October 15, 1959, after the Notice of allowance was published in the Official Gazette, as required, respondent
Sy Tuo presented a "Notice of Opposition," anchoring said opposition.

Legal Issues of the Case:

Decisions of the Court: