Jolliville Wins

Trademark Case
Against Jollibee
Group 7
Banayo, Cj Angelo C.
Erijer, Clariz Marie
Aringo, Trisha.
 full scenario
Jolliville Holdings (Jolliville) filed an application with the Intellectual Property Office (IPO) in
2001 to register the mark JOLLIVILLE for leasing, management services, property
development, land banking, and a local municipal waterworks system. However, Jolliville
failed to file its 5th year Declaration of Actual Use in 2010, and the mark was removed from
the register. In 2012, Jolliville filed an application for the same mark for real estate affairs.
Jollibee Foods Corporation (Jollibee) opposed the application, claiming that JOLLIVILLE is
confusingly similar to its marks and that unauthorized use constitutes unfair competition.
Jollibee argued that the marks possess substantial visual differences and that Jollibee is
guilty of laches. The Office of the Director General of the IPO upheld Jolliville's right to
register the mark on June 8, 2017, based on the Dominancy and Holistic/Totality tests.
 Elements Of Evidence
The IPO Director General found that Jollibee's evidence was
insufficient to prevent the registration of JOLLIVILLE, as it was not
proven that Jollibee is an internationally well-known mark or that
Jolliville Holdings is guilty of unfair competition, and there was no
grounds to prohibit JOLLIVILLE in Jolliville Holdings' name.
Court Decision
The IPO Director General found that Jollibee's evidence was insufficient to prevent the registration of
JOLLIVILLE, as it was not proven that Jollibee is an internationally well-known mark or that Jolliville
Holdings is guilty of unfair competition, and there was no grounds to prohibit JOLLIVILLE in Jolliville
Holdings' name.