Case: Use of trademark previously registered in favor the respondent. Sanctions imposed for violation of trademark. Key Words: Registrant's vested right in the trademark; prior registration is superior Reference: Volume 131 of Supreme Court Reports Annotated, pages 565-569, August 31, 1984 Industry: Pag-asa Industrial Corporation, Yoshida Kogyo Kabushiki Kaisha Relevant Laws: Trademark Law Summary: The Director of Patents issued to Yoshida in 1961 Certificate of Registration for the trademark YKK for zippers. It claimed to have used the trademark since 1950. Notwithstanding that prior registration, the Director in 1968 issued to Pagasa Certificate of Registration for the same trademark based on alleged use of the trademark since 1966. Yoshida asked the Director to cancel the registration in favor of Pag-asa since the trademark, used for the same product by two different entities, has caused confusion, mistake and deception. Pag-asa alleged that registration in its favor by the Director of Patents entitles it to the application of the equitable principle of laches, estoppel and acquiescence. The issue in this case is whether the equitable principle of estoppel should apply in favor of Pag-asa. The court ruled that Pag-asa cannot rely on equity because he who comes into equity must come with clean hands. Registration is sufficient prima facie proof that all acts necessary to entitle the mark to registration were duly performed. Yoshida's prior registration is superior and must prevail.