Binalot trademark dispute ends in amicable settlement

Homegrown food chain Binalot Fiesta Foods Inc. has agreed to an amicable settlement of cases it filed against the owner of Nid’s Express Binalot for allegedly using trademarks similar to those of the Binalot brand.

According to Binalot trademark owner Rommel Juan, the Intellectual Property Office of the Philippines’ (Ipophl) Bureau of Legal Affairs had already approved the settlement arrangement between Binalot and Rafael Chu, the owner of Nid’s Express Binalot.

Ipophl director general Ricardo Blancaflor would have to issue a separate approval to deem the case resolved.

Binalot in 2007 filed a trademark infringement case against Chu for allegedly using trademarks that were “confusingly similar to and infringing on the Binalot trademark.”

Ipophl ruled in Binalot’s favor and ordered Chu to pay the former for damages.

Chu then filed an appeal to the director general, and in 2008 attempted to register other trademarks resembling those of Binalot. These filings were opposed by Binalot last year.

These cases were referred to mediation, and led to a compromise agreement between the two parties.

When Binalot agreed to withdraw the cases, Chu agreed to observe Juan’s exclusive right to the Binalot trademark and revised the similar trademarks he filed for registration.

Juan said the presence of a mediation process within Ipophl had the potential to make dispute settlement faster and easier.

This formed part of the adjudication process as for agreements to be enforceable, these would have to bear the imprimatur of the judge, court or tribunal. The approval confirms that any agreement arrived at during mediation is not contrary to law.